AKHTAR HUSSAIN vs ABDUL WAHEED and 2 others
This criminal miscellaneous application was filed to challenge the order dated 12-9-2008 passed by the Additional Sessions Judge/Ex-Officio Justice of Peace, whereby the S.H.O. was directed to record the statement of the respondent and register an F.I.R. if a cognizable offence was made out, with a further observation to proceed under section 182, P.P.C. if the allegations proved false. The core legal question was whether the order passed by the Justice of Peace suffered from any illegality, infirmity, or lack of opportunity of hearing. The Sindh High Court held that the impugned order was a speaking order and contained no illegality or discrepancy, noting that the applicant could place his defense material before the S.H.O. The application was accordingly dismissed in limine. The key principle laid down is that an order by a Justice of Peace directing the recording of a statement and conditional registration of an F.I.R., accompanied by safeguards regarding false complaints, warrants no interference if it suffers from no legal infirmity.
- Whether an order passed by a Justice of Peace directing the registration of an F.I.R. upon a cognizable offence being made out is sustainable in law?
- Can a Justice of Peace direct action under section 182 of the Pakistan Penal Code 1860 if allegations are found to be false?
- Whether a criminal miscellaneous application against an order of the Justice of Peace can be dismissed in limine when no illegality or infirmity is found?
- Section 269, Pakistan Penal Code 1860
- Section 270, Pakistan Penal Code 1860
- Section 22-A, Code of Criminal Procedure 1898
- Section 182, Pakistan Penal Code 1860
ORDER
1. MAQBOOL AHMED AWAN, J.-- The applicant filed the present application being aggrieved and dissatisfied with the order dated 12-9-2008 passed by learned Vth Additional Sessions Judge/Ex- Office Justice of Peace in Criminal Miscellaneous Application No, 1354/2008 filed by respondent No,l.
2. ' The leamed counsel appearing on behalf of the applicant has contended that respondent No,l and his brother are running the business of "Mainpuri" which is prohibited and the applicant so many times restrained the respondent No,l from doing so and also registered two F.I.Rs, Nos.226/2008 and 227/2008 against him for offence under sections 269, 270 P.P.C, and on this being annoyed, the respondent No,l filed the application under section 22-A, Cr.P.C, before the Justice of Peace with mala fide intention in order to save his skin; that respondent No,l in order to restrain the applicant from performing his duties, filed the above application before learned Justice of Peace; that Justice of Peace has not provided any opportunity to the applicant of being heard so also to his counsel and passed the order in hasty manner.
3. ' On the other hand, learned State Counsel has pointed out that till today no F.I.R, has been registered by police, though it has been ordered by Justice of Peace. He further contended that learned.
4. ' I have heard leamed counsel for applicant, learned State Counsel and perused the material available on record, particularly the contents of impugned order.
5. After perusal of the order of learned Justice of Peace, it appears that he has passed a speaking order while observing as under:- "Let the S.H.O. Police Station.
6. ' Tando Jam is directed to record the statement of the applicant and the applicant is hereby directed to appear at Police Station Tando Jam for the said purpose and if found from the statement, so recorded, a cognizable offence is made out, F.I.R, be registered against the alleged accused. It is further observed that if the allegations are found false or otherwise, the S.H.O. Police Station Tando Jam to register the case against the applicant as provided under section 182, P.P.C.
7. ' No doubt learned trial Judge has passed the order in the capacity of an Administrative Officer but has also observed that in case the F.I.R, is declared to be false, the S.H.O, was empowered to take action against the applicant/ complainant under section 182 P.P.C. The option is available for applicant to approach the S.H.O, concerned and place before him the material in his defence whatsoever he possess.
8. ' In the light of above observation, while agreeing with the contentions raised by learned State Counsel, I find no illegality, infirmity or discrepancy in the order impugned herein, therefore, I dismiss this Criminal Miscellaneous Application along with listed application in limine.
Cited by 1 case
- SHAHZAIB MUGHAL vs IST ADDITIONAL SESSIONS JUDGE HYDERABAD and 3 2014 P Cr. L J 1242