Police shall not arrest without warrant any person alleged to had committed the offence made punishable under section 498-A P.P.C. making the........

 PLJ 2024 Lahore 764

According to the Schedule-II of the Code of Criminal Procedure, 1898, police shall not arrest without warrant any person alleged to had committed the offence made punishable under section 498-A P.P.C. making the offence made punishable under section 498-A P.P.C. a non-cognizable offence.

Obviously, an F.I.R cannot be ordered for the registration of a non-cognizable offence which section 498-A P.P.C is and which offence the respondent No.4 namely Ghafooran Bibi had complained that the petitioner and the other accused had committed. The available material prima facie does not reveal commission of any cognizable offence. As is obvious, an F.I.R. cannot be registered with regard to a noncognizable offence. Moreover, according to the application the respondent No.4 namely Ghafooran Bibi, she was deprived of the inherited property of her deceased husband at the time of opening of succession and Inheritance mutation No. 641 of 17.05.2010 was got entered in the revenue record. The act of depriving a woman of inheriting property was made an offence as defined under section 498-A P.P.C. by way of the Criminal Law (Third Amendment) Act of 2011 which received the ascent of president of Pakistan on 26th December, 2011. According to the application of the respondent No.4 herself she was deprived of her inheritance on 17.05.2010. Such an act had not been made punishable under section 498-A P.P.C. by then. Article 12 of the Constitution of Islamic Republic of Pakistan, 1973 provides that no person would be punished for an act which was not punishable by law at the time of the act or omission Exposing a person to investigative process and face rigors of criminal prosecution is a no small measure; there must exist reasonable and tangible material, with evidential basis to set the law into motion so as to bring about an indictment. The insertion of section 22-A(6)(iii) was never meant to necessary allow every such application else the legislature would not have used word 'may' in subsection (6) which (word may) always speaks of 'discretion' by application of mind. Thus, it is settled law that the Ex Officio, Justice of Peace may refuse to issue direction regarding registration of case and may competently dismiss application under section 22A(6), Cr.P.C.,

Writ Petition-Criminal Proceedings-Registration of Case

15477-21

MUHAMMAD AJMAL VS

JOP ETC