Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Penal Code (XLV of 1860), S.354---Constitution of Pakistan, Art. 199---Constitutional petition---Allegation of assault or criminal force to woman with intent to outrage her modesty---Powers and duties of Justice of Peace to issue directions for registration of F.I.R.---Scope---Allegations levelled by complainant were found to be baseless by Police during interrogation/proposed accused produced copy of F.I.R. registered by complainant against some other persons showed that she was in the habit of levelling (false) allegations of assault in order to resolve disputes---Application for registration of case was based on mala fide intention---Ex-officio Justice of Peace was duty bound to look into the matter minutely and peruse the comments filed by Police to discourage the practice of registration of cases on account of animosity---Each case had to be decided on its particular facts and circumstances---Ex-officio Justice of Peace was not supposed to exercise powers under Ss.22-A and 22-B, Cr.P.C. in a mechanical manner and pass order for registration of case blindly on false application---Remedy of filing private complaint before a competent court was available to complainant---Order of Ex-officio Justice of Peace was set aside---Petition was accepted. Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691 rel. THIS ORDER PASSED BY: MISS AALIA NEELUM, JUSITCE:---.---- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner has prayed for setting aside the order dated 3-3-2014 whereby the learned Additional Sessions Judge Lahore, in his capacity as Ex-Officio Justice of Peace directed the concerned SHO to record statement of respondent No.4 under section 154 Cr.P.C. and proceed further in accordance with law. 2. Briefly, the allegation against the petitioner is that he along with the proposed accused while armed with deadly weapons had forcibly entered into the house of respondent No.4 and assaulted respondent No.4 along with other females. During the occurrence, the assailants also outraged their modesty and as such…

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