Abdul Hameed Baloch, J. --The petitioner filed instant constitutional petition with the following prayer: "It is, therefore, respectfully prayed that in the light of above mentioned submissions, the order dated 07.12.2018 passed by learned Sessions Judge, Sibi/Justice of Peace Sibi, may kindly be quashed in the interest of justice."
2. Concise facts of the instant petition are that Respondent No. 3 filed an applicat ion under Section 22-A Criminal Procedure Code (Cr.P.C) before learned Sessions Judge/Ex-of ficio Justice of the Peace, Sibi for correction of FIR or lodging a new FIR contending therein that Respondent No. 3 lodged FIR No. 97 of 2018, under Sections 337- A(ii), 337-F(ii), 452, 147, 149 Pakistan Penal Code (PPC) with Police Station City Sibi against accused Shah Nawaz Khan son of Sikandar Khan, Ali Hassan son of Yar Muhammad and Moula Bakhsh son of Shah Muhammad. It was case of the Respondent No. 3 that after obtaining copy of FIR it revealed to him that the contents of FIR are changed and are different from the contents of his application dated 11th October , 2018 for registration of FIR, due to which the, case of the Respondent No. 3 is badly dente d and great prejudice would be caused to the Respondent No. 3.
3. The learned Sessions Judge/Ex-Of ficio Justice of the Peace, Sibi after hearing the parties vide order dated 7th December , 2018 allowed the application and directions were given to Investiga ting Officer to make entries of necessary details in the challan and statements of witnesses regarding the crime weapon like knives and clip, hence the petitioners are before this Court.
4. Heard and perused the record. The record reveals that on 12th October , 2018 the Respondent No. 3 got registered FIR No. 97 of 2018 with Police Station City Sibi, under Section 337-A(ii), 337-F(ii), 452, 147, 149, PPC against the petitioners and after investigation challan of the case has been submitted. The Respondent No. 3 filed an application under Section 22-A, Cr.P.C. for correction of FIR or lodging a new FIR before learned Sessions Judge/Ex-of ficio Justice of the Peace, Sibi, who vide order dated 7th December , 2018 allowed the same with the following observations: "7. To conclude it is observed that keep ing in mind the concept; of fair trial and substantial justice, the instant application is allowed with direction to the official respondent (I.O.) to make the entries of necessary detail in the challan and statements of witnesses regarding the crime weapons like knives and clip. Copy of this order be sent to official respondent for compliance.--"
5. It would be appropriate to reproduce sub-section (6) of Section 22-A, Cr .P.C.: "22-A (6), Cr.P.C. An ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding--
(i) non-registration of a criminal case;
(ii) transfer of investigation from one police officer to another; and
(iii) neglect, failure or excess committed by a police authority in relation to its functions and duties."
6. Under the above referred sub-section the ex-officio justice of the peace can pass order where the police authorities failed to register case, transfer of investigation from one officer to another or where found that the police authorities failed to perform its function and duties. The Ex-officio Justice of the Peace should not issue direction to the police for registration of FIR in a mechanical manner . Power conferred under Section 22-A(6), Cr.P.C. to ex- officio justice of the peace deals to non-registra tion of FIR, transfer of investigation and neglect failure or excess- committed by police authorities. The ex-officio justice of the peace could not suggest the procedure or give direction to do certain acts and suggest a particular procedure of investigation. The same is departure from the referred provision of law. Reference is made to the case of Bilal Ahmed v Justice of the Peace/Sessions Judge, Rawalahot 2016 P .Cr.L.J 771 , wherein it was held: "As stated above, the jurisdiction of Justice of Peace is limited only to the matter enumerated in the above- mentioned sections. A Justice of Peace can direct the police to register the case if a cognizable offence is made from the facts stated in the application, submitted before him. Similarly , he can also pass an order upon unnecessary transfer of investigation from one police officer to another . The Justice of Peace can also take appropriate order where neglect, failure or excess is committed by the police in relation to its functions and duties if noticed by him as is provided in sub-secti on 6(iii) of Section 22-A. The word 'negle ct, failure' or 'excess' committed by police authority must be with reference to he investigation.
By now law is well settled that material collected by the police, investigation carrie d out can be betterly judged by the trial Court. The Police or any authority cannot judge the legality and propriety of the material collected by the police and these powers vest with the trial Court who has to decide the case ultimately . Similarly , the Justice of Peace cannot direct the police to present challan in a particular provision because the job of investigation would be shifted to the Court and provisions available to the police, for fair and independent investigation would be defeated.
This aspect of the matter has been consid ered in various cases but I would like to refer only Gul Waiz and others v. Zuhra Bibi and others case, [2010 PCr.LJ 45]. At page 54 of the report, the powers of Justice of Peace have been considered and, it was observed as under: "12. The same principle would apply whenever Justice of peace is seized of a complaint/petition under Section 22- A of the code and he has to apply the same test by applying prudent mind in asce rtaining as to whether the facts constitute a cognizable offence or not. If he cones to the conclusion that cognizab le offence is clearly constituted from the facts mentioned in the petition before him, only in that case the Ex-offi cio Justice of Peace may issue directions to the police to register a case. However , keeping in view the language of all the three clauses of sub- section (6) of Section 22-A of the Code, the Ex-officio Justice of Peace while issuing such directions shall refrain from giving directions to the police to register the case under one or the other section of penal law. This process/exercise shall be left to the discretion of the police which all be exercised by the police in a fair and honest manner ."
In view of the above discussion the petiti on is accepted. The order dated 7th December , 2018 passed by learned Sessions Judge/Ex-Of ficer Justice of the Peace, Sibi, is set aside.