ABID HUSSAIN vs ADDITIONAL SESSIONS JUDGE, EX-OFFICIO JUSTICE OF PEACE, SARGODHA Criteria for determination of

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ABID HUSSAIN VS ADDITIONAL SESSIONS JUDGE, EX-OFFICIO JUSTICE OF PEACE, SARGODHA Criteria for determination of a court, detailed. S. 526---High Court may transfer cases or itself try it---Scope---Section 526, Cr.P.C., empowers the High Court to transfer cases pending before the criminal courts only. "Court"---Connotation. Ss.6 & 4(1)(m)---Classes of criminal courts---Judicial proceedings---Scope---Section 6, Cr.P.C., stipulates that in addition to the High Court and the courts constituted under different laws for the time being in force, there shall be two classes of criminal courts in Pakistan, namely, the Courts of Sessions and the Courts of Magistrates---Latter have three classes---Code defines the expression "judicial proceeding" only in S. 4(1)(m), Cr.P.C. and states that it includes any proceeding in the course of which evidence as or may legally be taken on oath---The definitions of "Judge" and "Court of Justice" in Ss. 19 & 20 of Pakistan Penal Code, 1860, are incorporated in it by reference through S. 4(2), Cr.P.C. Ss. 526, 22-a & 22-B---Powers of Ex-officio Justice of Peace---Transfer application---Scope---Petitioner through application under S.526, Cr.P.C. seeks transfer of case from Ex-officio Justice of Peace to another in the district---Section 22, Cr.P.C. empowers the Provincial Government to appoint one or more Justices of Peace for a local area and Ss. 22-a & 22-B describe their powers and duties respectively---Section 25 stipulates that by virtue of their respective offices, the Sessions Judges and on nomination by them, the additional Sessions Judges, are Justices of Peace for their entire district of the province in which they are serving---Proceedings under Ss. 22-a & 22-B before the Sessions Judge or the additional Sessions Judge do not become judicial merely because they are judges and exercise judicial power in other matters---One must look at the nature of the duty or work in which the officer concerned is engaged---In order that it may be judicial proceeding, he must act in a judicial capacity---Ex-office Justice of Peace is not a court within the meaning of S. 20, P.P.C., read with S.4(2), Cr.P.C.---Section 526, Cr.P.C., empowers the High Court to transfer cases pending before the criminal courts only---Petition for transfer of case from one Ex-officio Justice of Peace to another was dismissed. Court should decide the issue of maintainability before taking any other steps in the proceedings.

ABID HUSSAIN vs ADDITIONAL SESSIONS JUDGE, EX-OFFICIO JUSTICE OF PEACE, SARGODHA Criteria for determination of a court, detailed — 2023 PLD 86 LAHORE-HIGH-COURT-LAHORE

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