Syed SAJID HUSSAIN vs EX-OFFICIO JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE-IX, WEST, ISLAMABAD Ss

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Syed SAJID HUSSAIN VS EX-OFFICIO JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE-IX, WEST, ISLAMABAD Ss. 22-a & 154---Justice of Peace, powers of---Information in cognizable cases---Scope---Petitioner assailed the dismissal of his application under S.22-a, Cr.P.C.---Petitioner had a dispute regarding a house with the proposed accused who was owner of the house---Petitioner had entered into an agreement to sell, paid certain amount as part consideration and obtained possession of a portion of the house---Petitioner had filed a suit for specific performance and had also filed a complaint to police for registration of FIR under Ss. 420, 441, 341, 342, 506 & 380, P.P.C.---Police after investigating the matter had closed the inquiry on the ground that the parties were contesting civil suits before the Civil Court and the Justice of Peace had dismissed the petition under S.22-a, Cr.P.C.---Station House Officer had no power to refuse the registration of FIR, if he was informed orally or in writing regarding commission of a cognizable offence---No bar existed on initiating civil and criminal proceedings simultaneously as both could run side by side with varying results---Role of Justice of Peace under S.22-a(6), Cr.P.C., was limited to the extent of scrutinizing the case just to see as to whether a cognizable offence was made out on the basis of information provided by the informer---Justice of Peace was not authorized to initiate independent investigation to ascertain the veracity of information/complaint---Justice of Peace and police authorities had exceeded their jurisdiction provided under the law---Constitutional petition was allowed, in circumstances and the SHO was directed to register FIR in pursuance of the complaint.

Syed SAJID HUSSAIN vs EX-OFFICIO JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE-IX, WEST, ISLAMABAD Ss — 2022 YLR 112 ISLAMABAD

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