On receipt of petition under Section 22-A/22-B of the "Cr.P.C." Ex-Officio Justice of Peace requisitioned report from the police wherein it is mentioned that the dispute interse petitioner and "respondent" is relatable to land and no such incident as reported by the "respondent" has taken place.

 As already observed that initially respondent moved an application to respondent No.7 which was founded on general and bald allegations and the petitioner was even not named in the said application as perpetrator of the alleged offence. On receipt of petition under Section 22-A/22-B of the "Cr.P.C." Ex-Officio Justice of Peace requisitioned report from the police wherein it is mentioned that the dispute interse petitioner and "respondent" is relatable to land and no such incident as reported by the "respondent" has taken place.

It is trite law that functions performed by the Ex-Officio Justice of Peace under Section 22-A of the Cr.P.C are quasi-judicial in nature and it cannot be termed as executive/administrative or ministerial. At the same time powers exercised by the Ex-Officio Justice of Peace are neither unbridled nor indefinite.

While exercising powers under Section 22-A(6) of the Cr.P.C the Ex-Officio Justice of Peace is not supposed to proceed mechanically and in vacuum. After requisitioning a report from the police, Ex-Officio Justice of Peace is not expected to brush aside such report without assigning any lawful reasoning. In the case of YOUNAS ABBAS and others versus ADDITIONAL SESSIONS JUDGE, CHAKWAL and others (PLD 2016 Supreme Court 581), while examining the scope of sub-section (6) of Section 22-A of the "Cr.P.C." the Supreme Court of Pakistan laid down certain guidelines for the Ex-Officio Justice of Peace.
Writ Petition-Criminal proceedings-Registration of Case.
3343-23
CH.ABDUL MAJEED VS JUSTICE OF PEACE ETC
Mr. Justice Mirza Viqas Rauf
15-11-2023
2023 LHC 6035