POWERS OF JUSTICE OF PEACE, TO ISSUE DIRECTIONS UNDER SECTION 22-A(6)(i) Cr.P.C. - Khalid Zafar & Associates

POWERS OF JUSTICE OF PEACE, TO ISSUE DIRECTIONS UNDER SECTION 22-A(6)(i) Cr.P.C.

 

  1. Special provisions of S. 22-A(6)(iii), Cr.P.C. explicitly providers that Sessions Judge acting as Ex-officio justice of the peace can always issue appropriate direction to the police authorities on a complaint regarding none-registration of criminal case or negligence or failure by police authorities in relation to its functions. [PLD 2005 Kar 285].

 

  1. Only jurisdiction which can be exercised by an Ex-officio Justice of the Peace under Section 22-A, Cr.P.C is to examined whether the information disclosed by the applicant did or did not constitute a cognizable offence and if it did then to direct the concern SHO to record an FIR, without going into the veracity of the information in question and no more. [PLD 2007 S.C.539].

 

  1. An Ex-officio Justice of the Peace in Pakistan (i-e Sessions Judge and nominated Additional Sessions Judge in the relevant District under section 25, Cr.P.C.) has the power to issue appropriate directions to the police authorities concerned on a complaint regarding non-registration of criminal case, transfer of investigation from one police officer to another and neglect, failure or excess committed by a police authority in relation to its functions and duties. [PLD 2005 LHR 470, 2005 P.Cr.L.J 487].

 

  1. Sessions Judge is empowered to issue as ex-officio justice of peace appropriate directions to police authorities on a complaint regarding (i) non-registration of criminal case; (ii) transfer of investigation from one police station to other (iii) to take notice of neglect, failure or excess committed by police authority to relation in its functions and duties. [NLR 2004 Crl (Lah) 351].

 

 

  1. Ex-officio Justice of Peace is empowered to direct registration of case. [2010 P.Cr.L.J. 1466].

 

  1. Powers conferred on Sessions Judge u/s 22-A (6), Cr.P.C. though are not at par with those of writ m andamus, but are substantially of that nature when Sessions Judge as the justice of peace, could direct in charge of a Police Station to register a criminal case reported to it if cognizable offence was made out. [2005 YLR 3297].

 

  1. Condition precedent is simply two fold; first it must be information and secondly it must relate to a cognizable offence on the face of it and not merely in the light of subsequent events. [2007 P.Cr.L.J 145].

 

  1. Every information relating to commission of a cognizable offence pertains only to the information so supplied and do not pertain to actual commission of the cognizable offence and that information supplied should be about an alleged commission of a cognizable offence of his truthfulness or otherwise the concerned police official has only to satisfy himself to the extent that information is in respect of a cognizable office. [PLD 2003 Lah. 228].

 

  1. Under provision of Section 22-A(6) Cr.P.C. complaint regarding non-registration of criminal case can be made before ex-officio Justice of the Peace which u/s 25, Cr.P.C, is Sessions Judge. [2005 P.Cr.L.J. 487].

 

  1. Power conferred on ex officio justice of peace under Sections 22-A and 22-B, Cr.P.C. deal with issues relating to non-registration of FIR, transfer of investigation under article 18(6) of the Police order, 2002 and neglect, failure or excess committed by a Police Authority. [2011 YLR 2141].

 

  1. The orders and direction of Justice of the Peace to record the statement of the petitioner and proceed further strictly in accordance with law should be obeyed in true letter and spirit. SHO shall record statement u/s 154, Cr.P.C. and h and-over the copy of the FIR to the petitioner without any delay. [2010 P.Cr.L.J. 296].

 

  1. The Justice of the Peace could issue orders for registration of a case on an application under Sections 22-A & 22-B, Cr.P.C. against the respondent. [PLD 2006 Lah 460].

 

  1. The directions to be issued by an ex-officio justice of peace under this section or to be direction to be concerned Police authorities to attend to the grievance of the complaining person in accordance with the relevant law and through the jurisdiction u/s 22-A (6) [Cr.P.C. PLD 2005 Lah.470, PLJ 2005 Lah. 1571].

 

  1. Sessions Judge acting as Justice of Peace is equally competent to issued appropriate direction regarding registration of case, transfer of investigation or any wrong done by the police authorities in the performance of their duties. [2004 YLR 56].

 

  1. Under S.22-A, Cr.P.C. if Justice of Peace would find that an incident had taken place, then he was required under the law to issue directions for registration of case. [2011 YLR 27].

 

  1. Justice of the Peace is possessed with jurisdiction under section 22-A (6), Cr.P.C, to decide after examining information as to whether or not any cognizable offences made out. He cannot delegate such powers and functions to Police. [2008 YLR 2301].

 

  1. Section 22-A, Cr.P.C. gives power to the Sessions Judge to direct registration of case, in case of failure of the police official to discharge their statutory obligation as vested in them u/s 154, Cr.P.C. [2004 P.Cr.L.J.1214].

 

  1. Justice of the Peace can issue direction when there is complaint in respect to non-registration of a case and if such complaint is brought before him then he can simply direct that police has to act in accordance with law and entertain the complaint and if cognizable offence is made out then further action be taken in accordance with law. [2008 MLD 1142].

 

  1. Section 22-A (6) has provided authority to Justice of the Peace to issue appropriate direction to police authorities on a complaint regarding non registration of FIR. [PLD 2008 Pesh. 53].

 

  1. Perusal of clause (iii) of subsection (6) of Section 22-A show that its purse no embargo for passing such an order during the investigation, if any neglect, failure or excess committed by the Police authority in relation to its functions and duties brought to the notice of court and proper direction to eradicate the failure of the Police Officials in sough. [PLD 2008 Pesh 1].

 

  1. Whenever a police officer fails to register a criminal case, a direction to do so can always be issued by the Justice of the Peace u/s 22-A (6) (1) Cr.P.C. though it will be for such officer to determine whether the matter falls u/s 154 or 155. [2007 P.Cr.L.J. 909].

 

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History of term ‘Justice of Peace’ inserted as Sections 22-A & 22-B Cr.P.C., 1898