The law is very well settled that before taking action under section 182 PPC, the person sought to be prosecuted should be served with a show cause notice and he may be given an opportunity to explain his position/defence.

 Section 25 Cr.P.C. provides for the appointment of Ex-officio Justice of Peace. It states that by virtue of their respective offices, the Sessions Judges and, on nomination by them, the Additional Sessions Judges are Justices of Peace within and for the whole of the district of the Province in which they are serving. Section 22-A(6) Cr.P.C. describes their powers. There is no doubt that the Ex-officio Justice of Peace can issue directions to the police authorities, and they are bound to comply with them, but they are not subordinate to him within the contemplation of section 195(1)(a) Cr.P.C. Hence, he cannot direct a police officer to initiate action under section 182 PPC.

Criminal Proceedings

598/23

Shoaib Sohail Vs Learned JoP etc

Mr. Justice Tariq Saleem Sheikh

09-01-2023

2023 LHC 6369