SAIF UD DIN vs MUHI UD DIN Ss — 2022 YLR 2215 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 2215 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SAIF UD DIN vs MUHI UD DIN Ss
Subject matter: Criminal
Provisions referred to: S. 22-; S. 155; S. 200

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

SAIF UD DIN VS MUHI UD DIN Ss. 22-a, 154, 155 & 200---Non-cognizable offence---Ex-officio Justice of Peace--- Jurisdiction--- Petitioner was aggrieved of direction issued by Ex-officio Justice of Peace for registration of FIR against him in case where no cognizable offence was made out---Validity---Ex-officio Justice of Peace was empowered under S.22-a(1-6), Cr.P.C. to issue necessary directions for registration of FIR, if after perusal of available record contents of application prima facie could establish commission of cognizable offence---In case of non-cognizable offence, two remedies were available first before Station House Officer concerned, to whom application was sent by Ex-officio Justice of Peace, to register complaint in Daily Roznamcha Report and was to proceed according to provisions of S.155, Cr.P.C. for seeking permission from Judicial Magistrate for investigation and thereafter to submit complaint before Court---Remedy of private complaint under S.200, Cr.P.C. before Court was also available to complainant---High Court set aside order passed by Ex-officio Justice of Peace and FIR registered against petitioner was quashed---Constitutional petition was dismissed in circumstances.

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