Citation Name: 2024 MLD 462 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIR WAIS vs NASEEBULLAH Ss — 2024 MLD 462 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 462 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 462 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIR WAIS vs NASEEBULLAH Ss
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: 2024 MLD 462 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIR WAIS VS NASEEBULLAH Ss.22-a & 22-B---Duty of Ex-officio Justice of Peace---Issuance of direction to register FIR---Pre-conditions---Petitioner / accused was aggrieved of order passed by Ex-officio Justice of Peace directing registration of FIR---Validity---Ex-officio Justice of Peace in exercise of powers under S.22-a, Cr.P.C., was not supposed to proceed and act mechanically by simply considering version of events narrated by a party applying for registration of FIR---In order to safeguard against misuse or abuse or such process, Ex-officio Justice of Peace had to apply his judicial mind and to satisfy himself that prima facie there was some material available on record to support such version---Proceedings before Ex-officio Justice of Peace were quasi-judicial and were not executive, administrative or ministerial to deal with the matters mechanically---Such quasi-judicial proceedings before discretion, demanded judicial observations after hearing the parties---application under S. 22-a, Cr.P.C. was filed by complainant in order to harass and humiliate petitioner and this was never intention of Legislature---High Court set aside order passed by Ex-officio Justice of Peace as it was not in accordance with law and element of mala fide was apparent from conduct of complainant---Constitutional petition was allowed, in circumstances.

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