LAHORE: The Lahore High Court has held that ex-officio justice of peace (judicial magistrate) is legally bound to issue directions to police on the registration of a case instead of referring the matter to police for addressing grievance of a petitioner.
The court, allowing a petition of Shamim Akhtar, set aside the impugned order and observed that there was no justification for the respondent ex-officio justice of peace Faisalabad to refer the matter to police authorities for addressing the petitioner’s grievance.
The court directed the respondent SHO to record the statement of the petitioner U/S 154 CrPC and then proceed further with the matter strictly in accordance with law.
The court said that an order of a justice of peace is contrary to law if he referred an application to police without dismissing or allowing it seeking registration of a case.
The direction of the justice of peace referring the matter to CPO, Faisalabad without dismissing or allowing the application of the petitioner for registration of case being contrary to law and cannot be allowed to hold field, the court added.
The court also observed that the police have no authority to ascertain the veracity of information disclosing commission of cognizable offence prior to registration of case.
The court said bare reading of the application of the petitioner seeking registration of criminal case against the accused, coupled with medico legal certificate of the injured discloses commission of cognizable offence.
Irrespective of the veracity or otherwise of the allegations contained in the said application, the respondent SHO was duty bound to register the FIR and then proceed with the investigation strictly in accordance with law but he failed to perform his statutory duty enshrined under the law, the court added.
The petitioner alleged that the accused Pervez alias Paija, Incharge police post along with other police officials apprehended her nephew Kashif Masih, tortured him and left him near his house in a severe injured condition.
She approached the SHO concerned for registration of case but no action was taken thereon which constrained her to file application before Ex-Officio Justice of Peace who referred the matter to respondent CPO, Faisalabad.
Being dissatisfied with the said order, the petitioner preferred instant petition and got relief.
Copyright Business Recorder, 2023
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