MUHAMMAD IRFAN vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE Ss — 2024 PCrLJ 685 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 685 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: MUHAMMAD IRFAN vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE Ss
Subject matter: Criminal
Provisions referred to: S. 337-H; S. 561-; S. 22-; Penal Code (XLV of 1860)

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

MUHAMMAD IRFAN VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE Ss. 22-a, 22-B & 561-a---Penal Code (XLV of 1860), S. 337-H(1)---Inherent powers of High Court under S. 561-a, Cr.P.C.---Powers of Ex-officio Justice of Peace---Son of respondent aged 6-year hit a high tension live wire of WaPDa lying on the public road for many days which caused him grievous hurt---Respondent claimed that petitioners (officials of electric supply company) were responsible for the incident and liable to be persecuted under S. 337-H(1), P.P.C---Ex-officio Justice of Peace issued direction for the registration of FIR---according to the petitioners (officials of electric supply company), it was an accident which occurred when a thunderstorm struck the city and damaged the electricity pole near respondent's house---Validity---Police report fully supported petitioner's version and added that they shut down the feeder as soon as they learnt about the damage to the pole, thus negated the allegation of respondent that petitioners were negligent in discharging their duties---Ex-officio Justice of Peace had passed the impugned order without considering the said report---Ex-officio Justice of Peace was not bound to seek report from the police when an application under S. 22-a, Cr.P.C., was presented to him but when he did he must give reasons if he was not inclined to rely on it---Section 337-H(1), P.P.C. was not attracted to the facts and circumstances of the instant case---Petition was accepted and the impugned order was set aside, in circumstances.

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