2009 P Cr (PLP)

GHULAM DASTAGIR A. SHAHANI, J.

Through present criminal miscellaneous application one Asif Mahmood son of Muhammad Siddique has assailed the order, dated 25-9-2008 passed by the Sessions Judge/Ex-Officio Justice of Peace, District Karachi Central in Criminal Miscellaneous Application No.480 of 2008, whereby complaint submitted under section 22-A, Cr.P.C. was dismissed. Brief facts of the case as alleged in the complaint are that applicant had friendly terms with one Ishtiaq Ahmed and gave an amount of Rs.8,53,800 as a loan along with share certificate, but he failed to refund the aforesaid amount in spite of demand, as such on 10-7-2008, applicant went to the house of Ishtiaq Ahmed and demanded the said amount, but Ishtiaq Ahmed and his father abused the applicant and issued threats of killing. Not only this but ladies of Ishtiaq Ahmed also came out of the house misbehaved and gave threats to the applicant. Applicant appeared at Police Station Gulberg, where he was asked to submit his written complaint which was submitted even then F.I.R. was not recorded, therefore, Criminal Miscellaneous Application No.480 of 2008 (Asif Mahmood v. The S.H.O. Gulberg Police Station) was submitted with the Court of learned Sessions Judge/Ex-Officio Justice of Peace, District Karachi Central for issuance of direction to the S.H.O. Police Station Gulberg for recording of his F.I.R. against proposed accused. The S.H.O. Gulberg submitted his report stating therein that a complaint was received and marked to the A.S.-I. (Tariq Mehmood) for taking legal action. According to him A.S.-I. recorded the statement of the complainant in which he stated that he had given money to his friend at his house situated at Jahangir Road but proposed accused usurped the same and issued threats to the applicant. According to the police matter is of civil nature and pertains to Jamshed Quarter Police Karachi East, as such criminal miscellaneous application was disposed of with direction to file an application before the Court having jurisdiction vide order, dated 25-9-2008, hence, present criminal miscellaneous application. Syed Asif Ali learned counsel appearing for the applicant states that impugned order, dated 25-9-2008 passed by. the learned Sessions Judge/Ex-Officio Justice of peace District Karachi Central is illegal and not in accordance to law, as offence taken place within the jurisdiction of local limits of District Judge/Justice of peace Karachi central and there was a sufficient material available on record on the basis of which directions were to be issued for registration of the F.I.R. against the proposed accused. On the other hand, Mr. Obedullah Awan, learned State Counsel concedes for grant of present application. Heard Syed Asif Ali learned counsel appearing for the applicant, as well as to Mr. Obedullah Awan learned State Counsel and with their assistance perused the material available on record. Actually powers of the Justice of Peace are very limited which have been given to add, assist and authorize Criminal Jurisdiction system, and said powers are neither supervisory nor judicial, but are administrative and ministerial in nature. No notice is necessary for forming of an opinion, as Ex-Officio Justice of Peace is Senior Judicial officer has to form an opinion about the offence being cognizable or not cognizable from the facts narrated to him by complainant orally or in writing and for such purpose he is not required to issue notice to the accused or to Police Officer, but has to form his own independent opinion as S.H.O. is not empowered to refuse the registration of the F.I.R. if information is provided to him of a cognizable cases. Ex-Officio/Justice of peace is required to pass immediate orders on the application or complaint of non-registration of F.I.R., by adopting summary procedure on his satisfaction, firstly he has, to see whether cognizable offence appears to have been committed, and further that material produced before him that F.I.R. has not been registered, as Ex-Officio Justice of Peace is not only required to exercise his powers during the office hours but he may exercise his power anywhere at any time within his territorial jurisdiction. Ex-officio/Justice of Peace has not judicial powers or judicial functions to perform under section 22-A, Cr.P.C., but all his powers and functions are administrative and ministerial in nature as stated above and could not be challenged under sections 435 and 439, Cr.P.C. nor in Article 199 of the Constitution, but same can be challenged under section 561, Cr.P.C. Issue/controversy in the present matter is only of entertaining of application moved under section 22-A, Cr.P.C. As per record Criminal Miscellaneous Application No.480 of 2008 (Asif Mahmood v. the S.H.O. Police Station Gulberg) was submitted with the Court of learned Sessions Judge/Ex-Officio Justice of Peace District Karachi Central with a prayer to pass an order directing the S.H.O. (Police Station Gulberg) to depute some of his subordinate officer for recording the F.I.R., against the proposed accused. As per report submitted by the S.H.O. Police Station Gulberg complaint was received and marked to A.S.-I. (Tariq Mehmood) for taking legal action. Officer recorded the statement of the complainant in which complainant has stated that he had given money to his friend at his house situated at Jahangir Road and he usurped the same and issued threats to him. According to A.S.-I. matter is of civil nature and pertains to Police Station Jamshed Quarter. On receiving such report matter was disposed of with directions that the applicant may file such application before the Court having jurisdiction, as application does not fall within jurisdiction of Sessions Judge/Ex-Officio Justice of Peace District Karachi Central. Whereas, on perusal of record particularly memo. of criminal miscellaneous application, wherein it has been alleged that applicant went to the house of Ishtiaq Ahmed on 19-7-2008 in order to make demand for amount and shares, but when he reached at the house of Ishtiaq Ahmed his father abused him and issued threats to the applicant. Not only this but ladies which were available in the house of Ishtiaq Ahmed also came outside the house and insulted, misbehaved and issued threats to the applicant, to the extent that in case he again visit their house they will tear their clothes and got applicant implicated in a criminal case and said Ishtiaq had taken out the pistol and put it on the head of the applicant and gave threats of killing to him. Admittedly house of the proposed accused is situated at the following address:

House No.R-24, Block-17, Federal "B" Area, Karachi. Legally territorial jurisdiction is to be determined with the reference to the place of offence, and not with the reference to the location of the police station or office of the Investigating Officer. Part-IV Chapter XV of the Criminal Procedure Code deals with the jurisdiction of criminal Courts in inquires and trials under section 177, Cr.P.C. it is provided that every offence shall normally be inquired and tried by the Court within local limits of whose jurisdiction it was committed. From above provision it is clear that it is not the police station but it is the place of offence which determines the jurisdiction of Court to try the offence. In the present case place of alleged offence is the house of proposed accused which falls within the jurisdiction of Sessions Judge/Ex-Officio Justice of Peace, District Karachi Central. Even S.H.O. Police Station Gulberg in his report stated that Officer (A.S.-I.) recorded the statement of complainant in which complainant has alleged that threats were issued to him therefore, learned Sessions Judge/Justice of Peace has jurisdiction to take cognizance and to proceed further in accordance to law. Admittedly application was submitted under section 22-A, Cr.P.C. and was not a civil suit, so same may be decided in view of sections 16 to 20 of the C.P.C. The word of A.S.-I. that matter pertains to Jamshed Quarter is not sufficient, Ishtiaq Ahmed is resident of House No.R-24, Block-17, Federal "B" Area, Karachi, where offence alleged to have been committed within the jurisdiction of Sessions Judge/Ex-Officio Justice of Peace, District Karachi Central. Reliance is placed on a unreported matter viz. Criminal Reference No.12 of 2006 (Superintendent Police Pakistan Railways Sukkur v. Athar Hussain Shaikha) decided on 12-7-2006 and Criminal Reference No.S-16 of 2006 (Superintendent of Police Pakistan Railways Sukkur v. Abdul Malik) decided on 4-10-2006 by a Bench of this Court at Sukkur. In view of the aforesaid facts and circumstances, it is observed that learned Sessions Judge/Justice of Peace, Karachi Central is fully competent to take cognizance and to proceed further in accordance to law afresh and dispose of the matter on merits. With above observations application is disposed of. H.B.T./A-175/K Application allowed.