Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898) Ss. 22-A & 22-B--Constitutional petition--Registration of criminal case--Ex-officio Justice of Peace was required to confine to contents of the petition--Question of--Whether a cognizable offence is made out or not--Determination--SHO without registration of the case entered into investigation into the matter which is unwarranted by law and is in clear violation of esteemed citiation--Held: If he finds that a cognizable offence has been committed he can register a case u/S. 154, Cr.P.C. and proceed strictly in accordance with law--Petition was accepted. PLD 2007 SC 539, rel. THIS ORDER PASSED BY: PARVAIZ ALI CHAWLA, JUSTICE---.--- Notice of Respondent No. 2 has not been received back. 2. Through this writ petition the petitioner has challenged the order dated 4.05.2009 passed by a learned Addl. Sessions Judge, Khanewal/Ex-officio Justice of the Peace and has prayed for setting aside of the same, with the further prayer to direct Respondent No. 2 to register a criminal case. 3. As per contents of the writ petition duly supported by an affidavit, the petitioner moved an application to the SHO, P.S. Kacha Khu, District Khanewal for registration of the case but the SHO did not register the same and thereafter the petitioner approached the learned Addl. Sessions Judge/Ex-officio Justice of the Peace, Khanewal Respondent No. 1, under Sections 22-A, 22-B, Cr.P.C. and vide order dated 4.05.2009 the learned Ex-officio Justice of the Peace dismissed the petition filed by the petitioner with the observation that, "In view of report of SHO, the disputed Khal passed from the lands owned by the respondents. SHO also reported that the petitioner did not produce his witnesses in support of his allegations. Report of Naib Tehsildar Khanewal is also attached with the file which reveals that the disputed Khal is situated in Khasra No. 21/25 which is owned by Muhammad Ramzan etc, respondents. In view of the report of Naib Tehsildar Khanewal and also that of SHO, P.S. Kacha Khu, no further action is required in this petition. The same is hereby dismissed." 4. I have heard the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492