MUHAMMAD AYUB vs ADDITIONAL SESSIONS JUDGE-VII/JUSTICE OF PEACE, QUETTA Ss — 2021 MLD 994 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 994 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD AYUB vs ADDITIONAL SESSIONS JUDGE-VII/JUSTICE OF PEACE, QUETTA Ss
Subject matter: Criminal
Provisions referred to: S. 22-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AYUB VS ADDITIONAL SESSIONS JUDGE-VII/JUSTICE OF PEACE, QUETTA Ss. 22-a & 25---Powers exercised by ex-officio Justice of Peace under S.22-a(6), Cr.P.C.---Issuing appropriate directions for registration of FIR or transfer of investigation or to check neglect, failure or excesses committed by police authorities--- adjudication of application under S.22-a, Cr.P.C. by Ex-Officio Justice of Peace---Scope---While exercising powers under S.22-a, Cr.P.C., Justice of Peace was not supposed to proceed and act mechanically by simply considering version of events narrated by party applying for registration of FIR, but instead, in order to safeguard against abuse of process, Justice of Peace must apply his / her mind and satisfy himself that prima facie there existed some material available on record to support such version---Such powers under S.22-a of Cr.P.C., were quasi-judicial in nature and were not executive, administrative or ministerial but instead exercise of such powers demanded discretion, and judicial observation after granting hearing to parties involved.

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