TAHIR SHAHNAWAZ KHAN vs STATE and 4 others
The petitioner filed a quashment petition under Section 561-A of the Code of Criminal Procedure 1898 challenging an order by the Ex-officio Justice of the Peace, which directed the registration of a criminal case against him based on a private complaint. The petitioner argued that the order was illegal because it was passed without issuing him a prior notice. The core legal question was whether a Justice of the Peace must issue notice to an accused before ordering the registration of a First Information Report (FIR) for a cognizable offence. The Court held that when a cognizable offence is discernible from the record, the Justice of the Peace is empowered to order the registration of a case without issuing notice to the proposed accused, as the registration of an FIR does not require such notice under Section 154 of the Code of Criminal Procedure 1898. The Court affirmed that the Justice of the Peace acted within jurisdiction and refused to interfere with the investigation, noting that the accused has alternative remedies available at the trial stage.
- Is it mandatory for a Justice of the Peace to issue notice to an accused before ordering the registration of a criminal case?
- Does the failure to issue notice to an accused before the registration of an FIR render the order of a Justice of the Peace illegal?
- Can the High Court interfere with the investigation of a case at the stage of registration of an FIR?
- Section 561-A, Code of Criminal Procedure 1898
- Section 22-A, Code of Criminal Procedure 1898
- Section 154, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
Petitioner Tahir Shahnawaz has filed the instant quashment petition under Section 561-A Cr.P.0 against the order of learned Additional Sessions Judge-V, D.I. Khan dated 118.2008 in his capacity as Ex-officio Justice of the Peace through which the complaint tiled by Respondent No, 2 was accepted and local police was directed to register a case against the petitioner.
2. Facts of the case are that Respondent No, 2 Muhammad Nazir son of Faiz Muhammad submitted an application to the D.I.G D.I.Khan Region alleging therein that the petitioner is owner in possession of 28 kanals 03 marlas of land situated in village Rakh Mandhra, Tehsil Paharpur, ' District D.I.Khan.
He was informed on 12.6.2008 that in the property of the petitioner, one Tahir Shahnawaz son of Shah Nawaz is paving the path. On this information, he reached the spot and found that the petitioner alongwith three other persons was present in the fields armed with Kalashnikovs and pistols and were paving a path by illegally interfering in the possession of Respondent No,
2. All the four persons including Tahir Shahnawaz threatened him at gunpoint and was kept under illegal confinement but subsequently on the request of one Haji Farooq, respondent was allowed to go but with a threat that in case any proceedings were launched, he will be dealt with severely. No action was taken on this application of the respondent by the fuhctionaries of the Police Department and subsequently on 23.7.2008 he filed an application under Section 22-A Cr.P.0 to the learned Sessions Judge empowered as Justice of the Peace. The learned Justice of the Peace, after obtaining the report of local police, vide order dated 12.8.2008, ordered the registration of the case against the petitioner Tahir Shahnawaz and hence, the instant quashment petition.
3. It was submitted by learned counsel for the petitioner that without any notice to the petitioner, the learned Justice of the Peace has ordered the registration of the case which is not warranted under the law and the proceedings and consequent order for registration of the case be liable to be quashed.
4. On the other hand, learned counsel for Respondent No, 2 and Deputy Advocate General' for the State appearing on pre-admission notice submitted that the application and consequent inquiry by the local police fully established the commission of a cognizable offence and thus, under the law the learned Justice of the Peace was competent to pass an order for the registration of the case.
5. I have heard the learned counsel for the parties and have gone through the record of the case.
6. Once the allegation with respect to the commission of a cognizable offence is communicated to the police, the police is duty bound to register a case and in case of refusal or resorting to delaying tactics, the aggrieved person is well within his right to approach the Justice of the Peace under Section 22-A Cr.P.O with a prayer for registration of the case. Regarding non-issuance of notice, the law is clear on the point that whenever the learned Justice of the Peace comes to the conclusion that a cognizable offence is discernible from the data available on the record, he can pass an order even in the absence of the respondent as when cognizable offence is reported to the police, the accused is not to be given a notice under Section 154 Cr.P.C. The non- issuance of a notice is not fatal to the registration of the case in view of the dictum laid down in the case of Muhammad Aslam Vs. Additional Sessions Judge and others (P.CrL.J 2004 Lahore 1254). So, the order of the learned Justice of the Peace is strictly in accordance with law, justice and the same is with jurisdiction.
7. The other important point involved in this case is that this Court will be reluctant to interfere in the investigation of the case as the same will be a direct interference in the domain of prosecution agency. The accused has got remedy to approach the trial Court when the case is put in Court to seek his remedy under the provisions of Section 249-A Cr.P.C. as held in the case of Brig. (Retd)
Imtiaz Ahmad vs. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others (1994 SCM R 2142).
8. In view of the facts and circumstances of the case narrated above, there is no force in the instant quashment petition which is dismissed in limine.