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Search Results: Categories: 182 PPC (11 found)

Shoaib Sohail Vs Ex-officio Justice of Peace and others

Citation: 2023 LHC 6369

Case No: W.P No. 598/2023

Judgment Date: 09.01.2023

Jurisdiction: Lahore High Court

Judge: Justice Tariq Saleem Sheikh

Summary: No order of Ex-Officio Justice of Peace can be passed to direct police to initiate proceedings under section 182 PPC --- 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. --- The petitioner, accused in FIR No. 2439/2021, claimed innocence after a police investigation revealed the false nature of the FIR. Alleging a conspiracy by his ex-employee (Respondent No.5) and the owner of the enterprise (Respondent No.6), the petitioner sought proceedings under section 182 PPC against them.The court, under the Honorable Judge Tariq Saleem Sheikh, delved into the legal aspects of section 182 PPC, emphasizing its purpose to prevent individuals from providing false information to a public servant. The court cited relevant precedents, highlighting that only the concerned public servant or someone subordinate to them could file a complaint under section 182 PPC.The judgment established that the Ex-officio Justice of Peace lacked the jurisdiction to direct the police to initiate action under section 182 PPC against Respondents No.5 and 6. The court upheld the Ex-officio Justice of Peace's order of dismissal (dated 23.12.2022) and dismissed the petition, stating that the Ex-officio Justice of Peace's direction exceeded the jurisdiction conferred upon him by law.

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