Law: Criminal Procedure Code (V of 1898)

Section: 22A,154

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Constitution of Pakistan, Art. 199---Constitutional petition---Justice of Peace giving directions for registration of two separate F.I.Rs. on the same set of allegations without considering the police report---Legality---Complainant/respondent alleged that he had been dispossessed illegally from the disputed land by the accused/petitioner---Accused made the same allegation against the complainant---Both accused and complainant filed separate applications before Justice of Peace under S. 22-A, Cr.P.C., which applications were accepted and Justice of Peace ordered police for registration of F.I.R. against both the accused and the complainant---Accused contended that as per police report occurrence as alleged by complainant was found to be false; that Justice of Peace did not take into consideration such police report, and that no reason was given by Justice of Peace while accepting application of complainant filed under S.22-A, Cr.P.C.---Validity---Two F.I.Rs. with regard to the same allegation of taking forcible possession of the same land could not be registered---Justice of Peace at most could have ordered for registration of F.I.R. by accepting one of the applications under S. 22-A, Cr.P.C. of either the accused or the complainant, and further if the other application was to be accepted then only a cross-version could be ordered to be recorded---Both the orders for registration of criminal cases had been passed by the Justice of Peace in a mechanical manner without taking into consideration the police report and material available on record---Constitutional petition was allowed, impugned order of Justice of Peace was set aside by High Court with the observation that both parties had levelled almost the same allegations against each other, and since F.I.R. initiated by accused had already been registered, therefore, complainant could at most get recorded his cross-version in the said F.I.R. or in alternate complainant might file a private complaint before the Court of competent jurisdiction. Muhammad Mushtaq v. Additional Sessions Judge, Lahore and others 2008 YLR 2301 rel. Ch. Shah Muhammad…

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