Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,22A(6)

Law: Pakistan Penal Code, 1860

Section: 182

Criminal Procedure Code (V of 1898)--- ---Ss. 22-A & 22-B---Penal Code (XLV of 1860), S.182---Constitution of Pakistan (1973), Art.199---Constitutional petition---Powers and duties of Justice of Peace---Petitioner had assailed order of Justice of Peace whereby on the application filed by petitioner for registration of a case against respondents under Ss.22-A & 22-B, Cr.P.C., Justice of Peace, after passing dismissal order of the application, directed S.H.O. concerned to initiate proceedings under S.182, P.P.C. against the petitioner---Justice of Peace could only pass an order directing registration of a criminal case if a cognizable offence was made out from the application or decline the same---Direction given to S.H.O. by Ex-officio Justice of Peace to initiate proceedings against petitioner under S.182, P.P.C. was beyond the purview of S.22-A, Cr.P.C. and in excess of jurisdiction conferred upon him under the law---Order of Justice of Peace to the extent of direction given to S.H.O. to initiate proceedings under S. 182, P.P.C. against petitioner, was set aside. JUDGMENT TARIQ SHAMIM, J---Through this petition, petitioner Amanat Masih has assailed the order of the learned Additional Sessions Judge, Kasur/Justice of Peace, dated 29-7-2006, whereby on the application filed by the petitioner for registration of a case against the respondents arrayed therein under sections 22-A and 22-B, Cr.P.C., the learned Justice of Peace after passing the dismissal order directed the S.H.O. concerned to initiate proceedings under section 182, P.P.C. against the petitioner. 2. Learned counsel for the petitioner contended that the order of the learned Court was beyond the purview of section 22-A, Cr.P.C. which did not confer any jurisdiction on the Court to give such a direction, hence the same was illegal, unlawful and coram non judice, therefore, liable to be set aside. 3. Learned counsel appearing on behalf of respondent No.4 has vehemently opposed the petition whereas the…

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