MUHAMMAD USMAN vs ADDITIONAL SESSIONS JUDGE, RAWALPINDI Ss — 2022 YLR 1131 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD USMAN VS ADDITIONAL SESSIONS JUDGE, RAWALPINDI Ss. 4(n), 22-a, 22-B, 154 & Sched. II---Police Order (22 of 2002), arts. 148, 149, 150, 151, 152, 153, 155, 156. 157 & 158---Constitution of Pakistan, art. 199---Constitutional petition---Excess of power, offence of---Cognizance---General and special law---applicability---Petitioner was a police officer against whom Ex-officio Justice of Peace directed Station House Officer of police station concerned to record under S.154, Cr.P.C. version of respondent/complainant---Plea raised by petitioner was that art. 153 of Police Order, 2002, categorically defined offences falling under arts. 148 to 152 of Police Order, 2002 as cognizable, so no other offences including offence under art. 155(c) of Police Order, 2002, could be termed as such---Validity---Various offences and punishments are defined and categorized in two separate Chapters i.e. Chaps. XVI & XVII of Police Order, 2002---Offences committed by private persons are dealt with in Chap. XVI of Police Order, 2002, which provide minor penalties and are triable in a summary manner in terms of art. 154 of Police Order, 2002---Though offences under arts. 148 to 152 of Police Order, 2002, are providing minor punishments and in ordinary course they can easily be termed as non-cognizable in light of S.4(n) read with Sched. II, Cr.P.C. relating to offences against other laws---Such offences despite being minor in nature were made cognizable by virtue of art. 153 of Police Order, 2002---Provisions of art. 153 as well as offences under arts. 148 to 152 of Police Order, 2002, were part of Chap. XVI of Police Order, 2002---Provisions of art. 153 of Police Order, 2002 was only relatable and restricted to offences under Chap. XVI of Police Order, 2002---When on a particular point of law or fact if a special statute was silent then provisions of general law would prevail---Provisions of Criminal Procedure Code, 1898, were not ousted by any of the provisions of Police Order, 2002, so in order to determine nature of offence under art. 155 of Police Order, 2002, Court was to advert to Criminal Procedure Code, 1898---High Court declined to interfere in the order passed by Ex-officio Justice of Peace as offence under art. 155 of Police Order, 2002 was cognizable---Constitutional petition was dismissed, in circumstances.

MUHAMMAD USMAN vs ADDITIONAL SESSIONS JUDGE, RAWALPINDI Ss — 2022 YLR 1131 LAHORE-HIGH-COURT-LAHORE

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