Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 200 & 561-A---Registration of F.I.R. sought by the complainant (applicant)---Police not prepared to accept complainant's version---Parties on disputed terms---Accused (respondent) was alleged to have forcibly entered into complainant's shop and allegedly robbed cash and mobile phone and destroyed the articles lying in the shop---Application filed by complainant before Justice of Peace for registration of F.I.R. was dismissed with the observation that F.I.R. disclosed names of ten proposed accused specifically but in court complainant only nominated two accused persons and could not remember the names of the rest, claiming same were disclosed to the complainant by a witness who was sitting in the shop---Validity---Material available showed that complainant and proposed accused were on disputed terms with each other since long---Station House Officer (S.H.O. ) had stated in clear words that no such incident, as alleged by the complainant, took place and that the dispute between the parties was over a plot of land--- Application was dismissed by High Court in circumstances with the observation that it would be appropriate for the complainant to file private complaint before the court of competent juris-diction, where the complainant could lead entire evidence himself and his grievance could be adequately redressed. Habibullah v. Political Assistant, Dera Ghazi Khan and others 2005 SCMR 951 ref. (b) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), S.200---Constitutional petition---Registration of F.I.R.---Scope---Under the provisions of Art. 199 of the Constitution it was not obligatory for the High Court to issue writ in each case irrespective of the facts and circumstances which could call for exercise of judicial restraint in turning down the request for registration of F.I.R. in view of the conduct of the party besides considering that adequate remedy in the form of private complaint being available to the petitioner. ORDER ABDUL RASOOL MEMON, J.---Through this application, the applicant has impugned the order dated 18-5-2012, passed by the learned II-Additional…

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