Cr.Misc.A.No.S-462 of 2011

For Katcha Peshi

25.08.2011

Mr. Nawab Ali Pitafi along with applicant.

Mr. Syed Sardar Ali Shah Rizvi, Assistant Prosecutor General.

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This Criminal Miscellaneous Application has been moved to challenge the order dated 30.7.2011 passed by the Court of Sessions Judge/Justice of Peace, Ghotki in Cr.Misc.A.No.1000/2011. in the application moved under section 22-A (6)(i) Cr.P.C, the applicant has narrated the entire allegations in para 2 and 3 and in para 4 also stated that respondent No.1 has refused to register the F.I.R against the proposed accused. Serious allegations of rape and abduction of the applicant have been raised in the application and delay in approaching the police has also been explained properly but the learned Sessions Judge simply dismissed the application on the ground that no specific date and time when she approached the police to lodge F.I.R is mentioned and it is further observed in the impugned order that the applicant has made up her mind to involve the proposed accused in a criminal case at any cost and in an appropriate case Justice of Peace may refuse to issue directions regarding the registration of criminal case by reminding the complaining person to available alternate remedy us 156 (3) Cr.P.C and 190 Cr.P.C as well as to available remedy by filing private complaint.

I have heard the arguments and also examined the impugned order. I am of the view that the learned Justice of Peace has not exercised his powers properly and without adverting to the seriousness of allegations, he dismissed the application on merely technical grounds and also embark upon the merits of the case which power or authority is not vested in him while exercising the powers of Justice of Peace. The power of Justice of Peace to issue direction is always on the basis of allegations levelled in the application and not to decide the criminal case before its registration as prior investigation and registration of case, the Court cannot presume or assume the jurisdiction to touch the merits of the case to decide who is guilty or who is innocent. The power of Justice of Peace is to decide the case in accordance with law and not to advise the party to available alternate remedy.

Learned Assistant Prosecutor General submits that while deciding the application under section 22-A Cr.P.C the merits should not be touched upon.

Consequently, the impugned order is set aside and this Criminal Miscellaneous Application is allowed with direction to respondent No.1 to record the statement of the applicant within one week time and if any cognizable case is made out, to act strictly in accordance with law.

JUDGE

N.M.