22-A, Cr.P.C and under the illegal disposition Act, 2005 and passed order without Framing the charge or holding inquiry. 2011 YLR 861.
F- The Justice of the Peace could issue orders for registration of a case on an application under Sections 22-A & 22-B, Cr.P.C. against the respondent but could not direct the police to interfere in the possession of the property. PLD 2006 Lah 460.
Justice of the Peace on the basis of an allegation leveled by the complainant in an application under section 22-A Cr.P.C. without considering the requirements as mandate under section 107 and 151, Cr.P.C directed the SHO to proceed against the parties, therefore, impugned order to the extent of direction to the SHO for obtaining surety bond from both the parties and taking preventive measures under section 107 and 151 Cr.P.C was set aside. 2012 P.Cr.L.J 1082.
16- FALSE COMPLAINANT
If the complainant is found to have lodged a false report, a case can be registered against him under section 182 P.P.C, or any other action could be initiated against him according to law. Section 154, Cr.P.C, secures the inherent right of hearing of a citizen and it bestows a sacred duty upon State machinery established in every police to register the cognizable grievance of citizen. PLD 2008 Pesh. 53.
17- POWERS TO ALTER OR RECTIFY THE ORDER PASSED U/S 22-A, Cr.P.C.
A- High Court has got inherent powers to alter or rectify its order if any ambiguity had been created therein or any point which should have been thoroughly considered at the time of passing the order on the Revision. Sessions Court was neither justified nor empowered to impose fine/costs upon the petitioner while rejecting the petition filed under section 22-A Cr.P.C. While maintaining its order, recalled and altered the same to the extent that imposition of fine by the Sessions Court was not justified and such part of its order was set aside. PLD 2005 Kar. 638.
B- Functions and directions of the Ex-officio Justice of the Peace being not of judicial nature but being administrative and ministerial in nature, could neither be challenged under Sections 435/439, Cr.P.C nor under Article 199 of the Constitution and the same could be challenged only under S. 561-A, Cr.P.C. PLD 2005 kar.621.
C- Any order passed by Justice of Peace is subject to scrutiny on judicial side by Superior Court of Pakistan, therefore, administrative legal forum is required to disposed an application under sections 22-A and 22-B Cr.P.C, by means of speaking and well reasons order in the light of available material without holding trial or mini trial of the controversy. 2008 YLR 2301
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