Pir ABDUL QAYYUM SHAH vs S.H.O. and 4 others
This criminal revision petition challenged an order passed by an Additional Sessions Judge, acting in the capacity of a Justice of the Peace, which dismissed the petitioner's application under Section 22-A of the Code of Criminal Procedure 1898 for the registration of a criminal case against the respondents. The core legal question was whether an order passed by an Additional Sessions Judge under Section 22-A, Cr.P.C. is subject to the revisional jurisdiction of the High Court under Section 439 of the Code of Criminal Procedure 1898. The Court held that when an Additional Sessions Judge exercises powers under Section 22-A, they act as a Justice of the Peace, not as an inferior Criminal Court under Section 6 of the Code of Criminal Procedure 1898. Consequently, the nature of such an order is administrative or supervisory rather than judicial. The Court established the principle that orders passed by a Justice of the Peace under Section 22-A are not amenable to revisional jurisdiction under Section 439 of the Code of Criminal Procedure 1898, as the Justice of the Peace does not constitute a Criminal Court in that capacity.
- Is an order passed by an Additional Sessions Judge acting as a Justice of the Peace under Section 22-A of the Code of Criminal Procedure 1898 subject to revision under Section 439 of the Code of Criminal Procedure 1898?
- Does an Additional Sessions Judge acting as a Justice of the Peace function as an inferior Criminal Court?
- Is the nature of an order passed by a Justice of the Peace under Section 22-A of the Code of Criminal Procedure 1898 judicial or administrative?
- Section 439, Code of Criminal Procedure 1898
- Section 22-A, Code of Criminal Procedure 1898
- Section 154, Code of Criminal Procedure 1898
- Section 6, Code of Criminal Procedure 1898
- Section 25, Code of Criminal Procedure 1898
- Section 435, Code of Criminal Procedure 1898
ORDER
' This petition under section 439, Cr.P.C. Has been directed against the order, dated 22-5-2004 passed by a learned Additional Sessions Judge, Multan in his capacity as Justice of Peace whereby he dismissed the application moved by the petitioner under section 22-A, Cr.P.C. For a direction to the S.H.O. Police Station Budhla Santt to register a case against Muhammad Nawaz and three others (respondents Nos.2 to 5). The learned Additional Sessions Judge after obtaining a report from the S.H.O. Concerned declined to order for the registration of case, however, he directed the petitioner to avail alternate remedy by filing a private complaint.
2. Learned counsel for the petitioner argued that the allegations levelled in the complaint disclosed the commission of the cognizable offence and the S.H.O. Was under a legal obligation under section 154, Cr.P.C. To register a case against the accused, as such, the learned Additional Sessions Judge has failed to exercise his powers by declining to pass the direction sought for.
3. I have considered the arguments put forth by the learned counsel for the petitioner.
4. Part II-A, B and C of Chapter II of the Criminal Procedure Code, 1860, deals with the Constitution of Criminal Courts of various classes, whereas the office of Justice of Peace is made under section 22-A of Part II E of Chapter II, Cr.P.C. Which empowers the Provincial Government to appoint any suitable person as Justice of Peace for a local area to be specified in the notification. The office of Justice of Peace is not a Court as envisaged under section 6, Cr.P.C. Through an amendment of section 25, Act V of 1898, by means of Ordinance . No,CXXXI of 2002, the Sessions Judges were also invested with the powers of nominate Additional Sessions Judges as Justices of the Peace within and for whole of the District of the Province in which they are serving. Through the same amendment subsection (6) in section 22-A was added whereby the Justices of the Peace were empowered to issue appropriate directions to the Police Authorities on a complaint regarding:--
(i) Non-registration of a criminal case:
(ii) Transfer of investigation from one Police Officer to another; and
(iii) Neglect, failure or excess committed by a police authority in relation to its functions and duties.
' When an Additional Sessions Judge entertains an application under section 22-A, Cr.P.C. He does not act as inferior Criminal Court within the meaning of section 435, Cr.P.C. The impugned order passed by the learned Additional Sessions Judge is in fact an order passed by a Justice of Peace under sections 22-A and 25, Cr.P.C. Which is administrative or supervisory in nature and not amenable to the revisional jurisdiction of this Court. This revision petition fails and is hereby dismissed.