326/2012 Cr.Misc. Jamil Ahmed Butt & another (Applicant) V/S The State & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 22-APR-14
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Justice of Peace, jurisdiction of---Misuse of provisions of S. 22-A, Cr.P.C.---Mala fide intention of complainant---Scope---Alleged offence took place at "District South" of the city---Complainant resided in "District Central" of the city, whereas he attempted to lodge the F.I.R. in a police station situated in "District East"---Admittedly complainant did not reside permanently within the jurisdiction of the said police station ["District East"], nor the alleged offence took place within its jurisdiction---Justice of Peace at "District East" in such circumstances did not have jurisdiction to entertain application filed by complainant under S. 22-A, Cr.P.C.---Fact that complainant had not taken the trouble of lodging the complaint within the jurisdiction of the police station where, according to the circumstances of the case, the case should have been registered, showed his mala fides and attempt to misuse provisions of S. 22-A, Cr.P.C.---Complainant attempted to register a false case against accused persons with mala fide intention---Impugned order of Justice of Peace was set aside in circumstances and proceedings started against the accused persons were quashed---Application was allowed accordingly. Imtiaz Ahmad Cheema v. SHO, Police Station Dharki, Ghotki 2010 YLR 189 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Justice of Peace, duty of---Directions to police for registration of F.I.R.---Misuse of provisions of S. 22-A, Cr.P.C.---Caution to be exercised by the Justice of Peace---Court was duty bound to take care of such misuse---Application under S. 22-A, Cr.P.C. should not be entertained lightly in a mechanical manner for direction to the police to register statement of complainant and start prosecuting the alleged accused persons---Such caution was even more necessary when the alleged offence was of a serious nature, which might create a law and order situation in the area.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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