2023 PCrLJ 608 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 608 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Subject matter: Criminal
Provisions referred to: S. 22-

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

Citation Name: 2023 PCrLJ 608 PESHAWAR-HIGH-COURTBookmark this Case ZULFIQAR ADDITIONAL SHO, POLICE STATION JAMRUD AT JAMRUD DISTRICT KHYBER VS ZULFAT SHAH Ss. 22-a & 22-B--- Registration of case---Discharge of official duty---Petitioners were police officials who were aggrieved of order passed by Ex-officio Justice of Peace, directing registration of criminal case against them on the complaint of a foreign national while crossing border check post--- Validity---Petitioners were members of law enforcement agencies who were under obligation to check and counter check considerable quantum of currency notes carried by immigrant/ complaint on border and were supposed to keenly observe actions of the immigrants---Currency notes in question were seized by petitioners in discharge of their official obligations---Mala fide, ill will and personal vendetta was lacking, rather prima facie petitioners had discharged their official obligations in national interest---High Court observed that it was unwise to proceed the petitioners under S. 22-a, Cr.P.C. for registration of criminal case against them---High Court set aside order of Ex-officio Justice of Peace passed under S. 22-a, Cr.P.C. for registration of FIR, as the order was not based on proper appraisal of law on the subject---Constitutional petition was allowed accordingly.

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