Badar-ud-Din vs Senior Superintendent of Police, Shikarpur Ss — 2025 MLD 165 KARACHI-HIGH-COURT-SINDH

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Badar-ud-Din VS Senior Superintendent of Police, Shikarpur Ss. 22-a & 561-a---Powers of Justice of Peace under S.22-a, Cr.P.C.---Scope---Petition filed under S.22-a, Cr.P.C, by the respondent for the registration of criminal case was accepted by the Ex-officio Justice of Peace---Validity---Contents of the application demonstrated that the Police Officials took away uncle of the complainant from an ice stall in the presence of witnesses on the charges that he was facilitator of some criminals---as a result, the accused discharged two firearm shots; one struck left knee, while the second shot impacted left thigh of injured---Conclusive medical certificate issued by the Medical Legal Officer confirmed the injuries, which constituted a cognizable offence---Private respondents had not denied the injuries sustained by the injured, but their counsel submitted that due to a police encounter, the injured passer-by had suffered injuries---Police had registered the FIR and the direction for the registration of a second FIR was not permissible under the law---First Information Report was examined, in which the place of incident and time of occurrence were completely different from the time and place of the incident shown by the present applicant in the memo. of application under S.22 a-6(1), Cr.P.C.---Therefore, it could be safely said that two separate incidents required separate registration of FIR to let the investigation come into motion---Under S.22-a, Cr.P.C., it was not the duty of the Justice of Peace to meticulously examine or make determinations on the merits of the case---Instead, the Justice of Peace was required to ascertain whether the facts presented in the application established a cognizable offence---If a cognizable offence was found, the Justice of Peace was authorized to direct that the complainant's statement be recorded pursuant to S.154, Cr.P.C.---Such powers were confined to facilitating and supporting the administration of the criminal justice system---Detailed examination of the case and conducting a fact-finding investigation were not part of the functions of a Justice of Peace---Rather, the Justice of Peace was tasked with addressing the grievance of a complainant who had been aggrieved by a Police Officer's refusal to register his report---application was accordingly dismissed.

Badar-ud-Din vs Senior Superintendent of Police, Shikarpur Ss — 2025 MLD 165 KARACHI-HIGH-COURT-SINDH

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