14/07/2022
Fir u/s 155(1)(C)(D) logged against police officer as he didn't act according to law...
2021 P Cr. L J 1779
[Lahore]
Before Muhammad Amjad Rafiq, J
ZULFIQAR---Petitioner
Versus
ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, LAHORE and 2 others---Respondents
Writ Petition No. 1200 of 2015, decided on 26th May, 2021.
(a) Criminal Procedure Code (V of 1898)---
----Ss. 22-A & 22-B---Police Order (22 of 2002), Art. 4(1)(m)---Ex-Officio Justice of Peace, jurisdiction of ---Ex-Officio Justice of Peace passed directions to Regional Police Officer to ensure implementation of its earlier order passed under Ss. 22-A & 22-B, Cr.P.C. and proceed against the concerned Station House Officer (SHO), for his said non-compliance, under the provisions of Police Order, 2002---Not only a direction issued by the Ex-Officio Justice of Peace under S. 22-A(6), Cr.P.C., was grounded in lawful authority conferred upon him by the said provision; but also by virtue of provisions of Art. 4(1)(m) of the Police Order, 2002, every police officer was under a duty to obey and promptly execute all legal orders---Constitutional petition was dismissed.
PLD 2005 Lah. 470 ref.
(b) Criminal Procedure Code (V of 1898)---
----Ss. 22-A & 22-B---Police Order (22 of 2002), Art. 155(1)(C)(D)---Penal Code (XLV of 1860), S. 166---Ex-Officio Justice of Peace, jurisdiction of---Ex-Officio Justice of Peace did not carry out, manage or deal with things mechanically and every lis before him demanded directions and judgment---Functions so performed could not be termed as executive, administrative or ministerial on any account--- Direction of Ex-Officio Justice of Peace was termed as direction issued by a competent authority ; order of competent authority to the Police to act in accordance with law or follow direction of law, could not be deflected in any way; therefore, any violation or disobedience on the part of the Police would render them liable to penal action---Such penal action was couched as offences under Art. 155(1)(C) & D of the Police Order, 2002 and S. 166 of P.P.C.
PLD 2016 SC 581 ref.
(c) Criminal Procedure Code (V of 1898)---
----Ss. 22-A & 22-B---Police Order (22 of 2002), Art. 155(1)(C)(D)---Penal Code (XLV of 1860), S. 166---Offence under Art. 155 of Police Order, 2002, was punishable with three years; therefore, the same would be cognizable because as per second Schedule of Cr.P.C under the head "offences against other laws" an offence punishable with three years shall be cognizable---Similarly, S. 166, P.P.C being a scheduled offence could validly be investigated by Anti-Corruption Establishment.
(d) Criminal Procedure Code (V of 1898)---
----Ss. 22-A & 22-B---Police Order (22 of 2002), Chapts.XVI & XVII---Offences, cognizance of---Contention was that as per Art. 153 of Police Order, 2002, only offences under Arts. 148 to 152 of Police Order, 2002 were cognizable and none others---Held, that contention was repelled with the clarification that Arts. 148 to 152 of the Police Order, 2002, fell in Chapter XVI whereas Art. 155 was part of Chapt. XVII of Police Order, 2002 which specifically dealt with the offences committed by the police officers; and Chapter XVI had no overriding effect on any other provisions of Police Order, 2002.
(e) Police Order (22 of 2002)---
----Arts. 155 & 183---Criminal Procedure Code (V of 1898), Ss. 154, 155, 190 & 200---Registration of FIR under Art. 155 of the Police Order, 2002---Prosecution---Scope---Held, that though prosecution under Art. 155 of the Police Order, 2002 would require a report in writing by an officer authorized in said behalf under the rules made by the Government, yet registration of FIR and prosecution of offence were different phenomena---Article 155(2) of Police Order, 2002 did not require report of an authorized officer for initiation of prosecution only; therefore, initiation could be in many ways as understood through combined reading of Ss. 154, 155, 190 & 200 of Cr.P.C.---In the context of Art. 155(2) of Police Order, 2002, prosecution would mean institution and continuance of a criminal proceeding......
