2022 YLR 1131
Criminal Procedure Code ( V of 1898 ) ---
---- Ss . 4 ( n ) , 22 - A , 22 - B , 154 & Sched . II --- Police Order ( 22 of 2002 ) , Arts . 148 , 149 , 150 , 151 , 152 , 153 , 155 , 156. 157 & 158 --- Constitution of Pakistan , Art . 199 --- Constitutional petition --- Excess of power , offence of --- Cognizance --- General and special law --- Applicability --- Petitioner was a police officer against whom Ex - officio Justice of Peace directed Station House Officer of police station concerned to record under S.154 , Cr.P.C. version of respondent / complainant --- Plea raised by petitioner was that Art . 153 of Police Order , 2002 , categorically defined offences falling under . Arts . 148 to 152 of Police Order , 2002 as cognizable , so no other offences including offence under Art . 155 ( c ) of Police Order , 2002 , could be termed as such --- Validity --- Various offences and punishments are defined and categorized in two separate Chapters i.e. Chaps . XVI & XVII of Police Order , 2002 --- Offences committed by private persons are dealt with in Chap . XVI of Police Order , 2002 , which provide minor penalties and are triable in a summary manner in terms of Art . 154 of Police Order , 2002 --- Though offences under Arts . 148 to 152 of Police Order , 2002 , are providing minor punishments and in ordinary course they can easily be termed as non - cognizable in light of S.4 ( n ) read with Sched . II , Cr.P.C. relating to offences against other laws --- Such offences despite being minor in nature were made cognizable by virtue of Art . 153 of Police Order , 2002 --- Provisions of Art . 153 as well as offences under Arts . 148 to 152 of Police Order , 2002 , were part of Chap . XVI of Police Order , 2002 --- Provisions of Art . 153 of Police Order , 2002 was only relatable and restricted to offences under Chap . XVI of Police Order , 2002 --- When on a particular point of law or fact if a special statute was silent then provisions of general law would prevail --- Provisions of Criminal Procedure Code , 1898 , were not ousted by any of the provisions of Police Order , 2002 , so in order to determine nature of offence under Art . 155 of Police Order , 2002 , Court was to advert to Criminal Procedure Code , 1898 --- High Court declined to interfere in the order passed by Ex - officio Justice of Peace as offence under Art . 155 of Police Order , 2002 was cognizable
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