SAFDAR HAYAT vs EX-OFFICIO JUSTICE OF PEACE Ss — 2022 PCrLJ 461 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 461 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: SAFDAR HAYAT vs EX-OFFICIO JUSTICE OF PEACE Ss
Subject matter: Criminal
Provisions referred to: S. 154

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

SAFDAR HAYAT VS EX-OFFICIO JUSTICE OF PEACE Ss. 22-a, 22-B & 154---Criminal case, registration of---Scope---There seems to be some tension between jurisprudence developed under Ss. 22-a & 22-B, Cr.P.C. and that emanating out of interpretation of S. 154, Cr.P.C.---While provision of S. 154, Cr.P.C. is a straitjacket provision and does not allow for any extraneous factors but for the ones enumerated in such provision of law to be taken into account---Jurisprudence developed under Ss. 22-a & 22-B, Cr.P.C. takes the matter ahead and allows an Ex-Officio Justice of Peace to summon a report and rely on it and if not then to distinguish it---Ex-Officio Justice of Peace by default does not only allow police to touch merits of the case by way of a preliminary fact finding exercise but also give a carte blanche to police to factor in attendant factors such as previous enmity, previous record, previous litigation between complainant and proposed accused, credibility, trustworthiness of complainant and similar nuances and for the same to be taken into account.

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