Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,154,561-A

(a) Criminal Procedure Code (V of 1898)--- ---Ss. 22-A, 22-B, 154 & 561-A---Registration of F.I.R.---Application to Ex-officio Justice of Peace---Ex-officio Justice of Peace having dismissed application filed for registration of F.I.R., applicant had challenged such order before the High Court---Validity---Impugned order was passed by the Ex-officio Justice of Peace after calling a report from the concerned Police Station and other pending cases and civil litigation were also considered for refusing to register F.I.R.---Under S.154, Cr.P.C., a statutory duty had been cast upon the officer incharge of Police Station to enter information regarding commission of any cognizable offence in a register---Ex-officio Justice of Peace was influenced with the pending civil litigation which was nothing to do with the registration of a criminal case and the registration of criminal case could not be refused on the ground of pendency of civil litigation---Impugned order whereby application for registration of application was dismissed, was set aside and case was remanded to the Ex-Officio Justice of Peace to pass an order without being influenced by the report of concerned Police Officer and the civil litigation pending between the parties. Muhammad Bashir v. Station House Officer, Okara Carat and others PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Powers of Ex-officio Justice of Peace---Scope---Under Ss.22-A & 22-B, Cr.P.C., powers had been given to Ex-officio Justice of Peace to direct the Police Officers to record the statement in the register, if a, cognizable offence, was made out---Powers exercised by the Ex-officio Justice of Peace were very limited which had been given to supervise and to aid the criminal justice system and were not of judicial nature, but administrative and ministerial in character---While exercising such powers the Ex-officio Justice of Peace should not enter into the disputed question of facts to find out the truth and on the basis of the application made before him, had to form his opinion, whether a cognizable offence had been made out or not. ORDER NADEEM AZHAR SIDDIQI, J.---By this criminal…

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