ORDER SHEET
C.P.
CP No.D-2107 of 2024
|
Date |
Order with Signature(s) of Judges |
Fresh
case
06.05.2024
Mr. Ayaz
Ali Chandio, Advocate for the petitioner.
------------------------------------------------
The petitioner has invoked the constitutional jurisdiction
of this Court in terms of Article 199 of the Constitution of Islamic Republic
of Pakistan, 1973 against the respondents, particularly, with regard to the access
committed by the police in relation to their functions. Under Section-22-A(6), an Ex-officio Justice of the Peace may take action against
the access committed by the police officials. Power of Ex-Officio Justice of
Peace/Sessions Judge as defined under Section 22-A(6),
Cr.PC are as under:
22-A(6) An
ex officio Justice of the Peace may issue appropriate directions to the police
authorities concerned on a complaint regarding:
(i)
Non-registration
of a criminal case;
(ii)
Transfer
of investigation from one police officer to another;
(iii)
Neglect,
failure of excess committed by a police authority in relation to its functions
and duties
The petitioner has alternate remedy to approach learned
Sessions Judge/Ex-Officio Justice of Peace concerned against the access
committed by the police officials/respondents. Before exhausting alternate
remedy, petition is not maintainable. Therefore, instant petition is dismissed
as not maintainable along with pending applications. However, the petitioner
would be at liberty to approach the learned Sessions Judge/Ex-Officio Justice
of Peace concerned in the first instance.
J U D G E
J
U D G E
Gulsher/PS