P L D 2007 Lahore 53 (PLP)
AMANAT MASIH — Petitioner Versus ADDITIONAL SESSIONS JUDGE, KASUR and 4 others — Respondents
| Citation | P L D 2007 Lahore 53 (PLP) |
| Forum / Court | |
| Bench Members | Tariq Shamim, J |
| Parties | AMANAT MASIH — Petitioner Versus ADDITIONAL SESSIONS JUDGE, KASUR and 4 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2007 Lahore 53 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2007 Lahore 53 (PLP)?
The case was heard and decided by the bench comprising: Tariq Shamim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2007 Lahore 53 (PLP) (AMANAT MASIH — Petitioner Versus ADDITIONAL SESSIONS JUDGE, KASUR and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf Jalal, for Petitioner.
- Nisar Ahmad Baig and Muhammad Arif Bhinder, Addl.A.-G. for Respondents.
- Date of hearing: 11th September, 2006.
Headnotes / Summary
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 & Decree
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 learned Additional Advocate-General has conceded that to the extent of the direction given by the Court regarding initiating proceedings under section 182, P.P.C. against the petitioner was illegal and not sustainable under the law.
4. I have heard the learned counsel for the parties and the learned Additional Advocate-General.
5. It would be appropriate to reproduce section 22-A(6), Cr.P.C. for easy reference:- 22-A(6). An ex-officio Justice of the Peace may issue appropriate direction to the police authorities concerned on a complaint regarding: (i) non-registration of criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess committed by a police authority in relation to its function and duties."
6. A perusal of the provision of law reproduced ibid reveals that the learned ex-officio 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. The direction given to the S.H.O. by the learned ex officio Justice of Peace to initiate proceedings against the petitioner under section 182, P.P.C. is beyond the purview of section 22-A, Cr.P.C., hence in excess of the jurisdiction conferred upon him under the law.
7. For what has been discussed above, this writ petition is partially accepted and the order of the learned Additional Sessions Judge/Justice of Peace dated 29-7-2006 to the extent of the direction given to the S.H.O. to initiate proceedings under section 182, P.P.C. against the petitioner is set aside. There shall be no order as to costs. H.B.T./A-176/L Order accordingly.