IN THE COURT OF LEARNED SESSION JUDGE/ EX OFFICIO JUSTICE OF PEACE, LAHORE

In the matter of:

Abc, Son of def, resident of ………….. Petitioner

vs

The SHO, Police station

The Investigating Officer ………………. Respondent

PETITION UNDER SECTION 22-A TO ISSUE A DIRECTION TO THE INVESTIGATING

OFFICER TO RECORD CROSS-VERSION OF THE ACCUSED

Respectfully sheweth;

1. That the brief facts leading to the instant petition are that the accused was arrested
on alleged involvement in the 9th May protests. The accused has been charged with
serious offence which is cognizable and the same comes under the jurisdiction of
Justice of Peace as per section 22A and 22B of the CrPC 1898.

2. That the accused has been in custody of the police for over 4 months, however no
progress in investigation has been made and the accused stays hopelessly in the
custody while waiting for the investigation to be completed.

3. That the accused has been falsely implicated in the matter which he had nothing to
with and his rights are being further violated by the respondents who keep on
dragging the matter without having due regard to the provisions of law.

4. That the petitioner has been in custody for over 4 months, however his statement
has not been recorded by the police as per section 161 of the CrPC. As per section
 161 CrPC, the police have failed to record statement of the accused in relation to the
crime that he has been charged with.

5. That the police have acted in willful default of the provision of law as provided in the
CrPC and also acted in violation of a person’s right to be treated in accordance with
the law as per Article 4 of the Constitution of Pakistan, 1973.

6. That the petitioner through his attorney has time and again approached the police
to get his statement recorded, however the police did not pay any heed to
petitioner’s grievances and dismissed the same with utter neglect and failure. The
police without any justifiable reason have failed to record a cross-version of the
accused party.

7. That the Justice of Peace is empowered under 22A(6) to issue directions to the
police in case of failure, neglect or excess and the situation in hand also calls for the
same. The JOP has been empowered to issue directions where the police fail to
record cross-version of the accused party and call for comments from the
investigating officer as to why such statement has not been recorded (PLD 2005 lah
470).

PRAYER

In view of the foregoing, it is humbly prayed that the instant application under 22A
CrPC is accepted and the respondents may be directed to proceed in accordance with
the law and direct the respondents to record cross-version of the petitioner under
section 161 of the CrPC.

Any other relief that may be deemed fit under the present circumstances may also be
granted.

PETITIONER

Through Counsel