- Proceedings under Ss . 22 - A & 22 - B before the Sessions Judge or the Additional Sessions Judge do not become judicial merely because they are judges and exercise judicial power in other matters ---

PLD 2023 Lahore 86

S . 526 Cr.P.C--- High Court may transfer cases or itself try it --- Scope --- Section 526 , Cr.P.C. empowers the High Court to transfer cases pending before the criminal courts only . ( c ) Lah . 86 --Ss . 526 , 22 - A & 22 - B --- Powers of Ex - officio Justice of Peace --- Transfer application --- Scope --- Petitioner through application under S.526 , Cr.P.C. seeks transfer of case from Ex - officio Justice of Peace to another in the district --- Section 22 , Cr.P.C. empowers the Provincial Government to appoint one or more Justices of Peace for a local area and Ss.22 - A & 22 - B describe their powers and duties respectively --- Section 25 stipulates that by virtue of their respective offices , the Sessions Judges and on nomination by them , the Additional Sessions Judges , are Justices of Peace for their entire district of the province in which they are serving --- Proceedings under Ss . 22 - A & 22 - B before the Sessions Judge or the Additional Sessions Judge do not become judicial merely because they are judges and exercise judicial power in other matters --- One must look at the nature of the duty or work in which the officer concerned is engaged --- In order that it may be judicial proceeding , he must act in a judicial capacity --- Ex - office Justice of Peace is not a court within the meaning of S. 20 , P.P.C. , read with S.4 ( 2 ) , Cr.P.C .--- Section 526 , Cr.P.C. , empowers the High Court to transfer cases pending before the criminal courts only --- Petition for transfer of case from one Ex officio Justice of Peace to another was dismissed . 

Judicial Proceedings - Scope -- Section 6. Cr.P.C. , stipulates that in addition to the High Court and the courts constituted under different laws for the time being in force , there shall be two classes of criminal courts in Pakistan , namely , the Courts of Sessions and the Courts of Magistrates --- Latter have three classes --- Code defines the expression " judicial proceeding " only in S. 4(1) (m). Cr.P.C. and states that it includes any proceeding in the course of which evidence as or may legally be taken on oath --- The definitions of " Judge " and " Court of Justice " in Ss . 19 & 20 of Pakistan Penal Code , 1860 , are incorporated in it by reference through S. 4 (2) , Cr.P.C.