Mst. GUL SANGA vs State Ss — 2021 PCrLJ 66 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 66 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: Mst. GUL SANGA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 561-; S. 22-; S. 155

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

Mst. GUL SANGA VS State Ss. 561-a, 22-a & 155---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Information and investigation into non-cognizable cases---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace and sought quashing of criminal proceedings---Complainant had alleged that she and another was injured by the accused persons; that police had referred the injured for medical examination, however, the medical reports revealed that no cognizable offence was made out as such the complainant filed application under S. 22-a, Cr.P.C., which was accepted by the Ex-officio Justice of Peace vide impugned order---High Court observed that when the offence reported was non-cognizable, the procedure provided under S. 155, Cr.P.C. was required to have been adopted---Police was bound to enter the report in a specific register and refer the complaint to Magistrate and only the Magistrate was empowered to order for investigation or otherwise in the case, while the Ex-officio Justice of Peace was not empowered to direct the local police to proceed against the accused---When the police investigated a case of non-cognizable offence without permission of a Magistrate, such act of the police amounted to violation of mandatory direction of law and its continuation was an abuse of process of law---Petition for quashment was allowed, impugned order was set aside and proceedings carried out thereupon were quashed, in circumstances.

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