Zeeshan vs State Ss — 2025 PCrLJ 983 PESHAWAR-HIGH-COURT

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Zeeshan VS State Ss. 561-a, 22-a & 155---Constitution of Pakistan, art. 199---Constitutional petition---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Petitioner assailed order passed by Ex-officio Justice of Peace and sought quashing of criminal proceedings---Record showed that the petitioner was performing his duty as Naib Court in the Court of additional Sessions Judge and the respondent/ complainant, who was present in the Court premises was pursuing another case---Contents of the application filed under S.22-a, Cr.P.C did not show that the same spoke of commission of any cognizable offence having been committed and the said allegations made in the complaint had also been refuted/controverted by the other personnel, who were present in the Court premises including the Incharge of security---It was notable that five (05) other officials of the Court had also submitted their affidavits to the effect that they were performing their duties in the Court, however, no such incident as alleged by the complainant had taken place---In the given facts and circumstances, the Justice of Peace had wrongly ordered for the registration of FIR against the petitioner, especially when it was seen that the plea of the respondent/complainant was not supported by statement of any other person nor CCTV footage was found in line with the allegation of the respondent/ complainant---If an application is submitted to Justice of Peace for registration of FIR, the Justice of Peace is under obligation to see whether the allegations constitute a cognizable offence or not; if it does then he is bound to issue directions to the SHO to register FIR, if it does not then such direction cannot be issued---Justice of Peace in the present case had passed the impugned order which was against the settled jurisprudence, thus, the same necessitated interference of theCourt---accordingly, writ petition was allowed by setting aside the order of Justice of Peace.

Zeeshan vs State Ss — 2025 PCrLJ 983 PESHAWAR-HIGH-COURT

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