P L D 2021 Lahore 274
Ex-Officio Justice of Peace, before taking cognizance in the matter of application under Ss.22-A & 22-B, Cr.P.C. was obliged to satisfy that petitioner had already approached concerned quarters meant for redressal of his grievance i.e. he had filed application before Station House Officer for registration of case, which was registered under a proper diary number and inaction by Station House Officer was further agitated before higher police hierarchy (Superintendent of Police) under due receipt but with no effect---When such pre-requisite was established then as a second phase it was mandatory that proposed FIR in original was annexed with petition under Ss.22-A & 22-B, Cr.P.C. while copy of the same duly attested by the counsel was to be clubbed with the petition---If after taking into consideration/evaluating the facts and circumstances of the case, Ex-Officio Justice of Peace would pass direction for registration of a case, the proposed FIR annexed with file was to be handed over to prosecutor with due receipt who was to onward transmit the same to the highest police officer of the district/tehsil---Receipt issued in such behalf was to contain signatures with name, date and time of its receiver---Such was the duty of concerned police officer to route the same to concerned quarter/Station House Officer for due legal action---District Police Officer or City Police Officer, as the case could be, would be responsible to pay surprise and random visits to police stations so as to ensure that proposed FIRs were entered as regular/formal FIRs for further process/investigation, in accordance with law---Unless order of Ex-Officio Justice of Peace viz. registration of version or FIR was suspended by higher forum, police hierarchy was bound for its implementation in letter and spirit as early as possible but not later than five days, except in compelling circumstances---Otherwise if such matter with regard to non-compliance of order of Ex-Officio Justice of Peace viz. registration of case after five days was brought to the notice of Court the consequences would be on the shoulders of concerned Station House Officer---First Information Report in the present case, was already stood registered at concerned police station, therefore, petitioners had more than one alternate remedy before Trial Court for redressal of their grievance--not later than five days
... Unless order of Ex~Officio Justice of Peace viz. registration of version or FIR was suspended by higher forum, police hierarchy was bound for its implementation in letter & spirit as early as possible but not later than five days, except in compelling circumstances ....
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