SHAH NAWAZ Versus Raja TANVEER
This matter comes before the Sindh High Court through a constitutional petition filed under Article 199 of the Constitution of Pakistan 1973, seeking directions to a police officer for the registration of a criminal case based on the petitioner's complaint. The core legal question concerns the maintainability of a constitutional petition for the registration of a criminal case when an alternate and efficacious statutory remedy is available. The court held that the petition is not maintainable because subsection (6) of section 22-A of the Code of Criminal Procedure 1898 provides an adequate alternate remedy by allowing complaints regarding the non-registration of criminal cases to be made before the ex officio Justice of the Peace, who is the Sessions Judge under section 25 of the Code of Criminal Procedure 1898. The key principle laid down is that constitutional petitions for the registration of criminal cases will not be entertained when the statutory mechanism before the ex officio Justice of the Peace is available.
- Is a constitutional petition under Article 199 of the Constitution of Pakistan 1973 maintainable for the registration of a criminal case?
- Does section 22-A(6) of the Code of Criminal Procedure 1898 provide an adequate alternate remedy for non-registration of a criminal case?
- Who acts as an ex officio Justice of the Peace under the Code of Criminal Procedure 1898?
- Article 199, Constitution of Pakistan 1973
- Section 22-A(6), Code of Criminal Procedure 1898
- Section 25, Code of Criminal Procedure 1898
ORDER
1. Police report and other documents produced through learned counsel for the State are taken on record. The report reveals that the complaint of the petitioner discloses an offence of civil nature, which does not form a case of cognizable nature.
2. The petitioner in this petition under Article 199 of the Constitution (1973), seeks directions to the respondent Police Officer for registration of a criminal case.
3. Subsection (6) to section 22‑A, Cr.P.C. was added, vide Ordinance No.CXXXI of 2002 dated 21‑11‑2002, which, inter alia, lays down, that the complaint regarding non‑registration of criminal case may be made before ex officio justice of peace. Under section 25 of the Cr.P.C. every Sessions Judge, is an ex officio justice of peace, within and for whole of the District, of the Province in which he is serving.
4. In view of the above legal position, the petitioner may approach the Court of Sessions Judge concerned, if he holds any more
5. The office objection as, to the maintainability of this Constitution petition is upheld. This petition under Article 199 of the Constitution, would, thus, be not maintainable, in view of alternate/adequate remedy available under the law.
6. Disposed of along with listed application.
7. H.B.T./S‑79/K Order accordingly.
Cited by 2 cases
- ANWAR ALI vs MAZHAR HUSSAIN HISBANI and 7 others 2011 YLR 1279
- KHIZER HAYAT and others vs INSPECTOR-GENERAL OF POLICE (PUNJAB), LAHORE and others 2005 PLD Lahore 470