| Citation(s) |
|---|
| 2014 SLG 654 2014 SLD 654 2014 MLD 1451 |
Lahore High Court
Writ Petition No. 6617 of 2013, decided on 29-05-2013.
MUHAMMAD YAWAR ALI, JUSTICE
Hammad Akbar Wallana for Petitioner. M. Arif Raja, Addl. A.G. Hammad, Inspector and Arshad Ali, S.I. for
Respondents Nos.1 and 2. Syed Z.H. Jaffari for
Respondent. 3.
Writ Petition No. 6617 of 2013, decided on 29-05-2013.
MUHAMMAD YAWAR ALI, JUSTICE
Hammad Akbar Wallana for Petitioner. M. Arif Raja, Addl. A.G. Hammad, Inspector and Arshad Ali, S.I. for
Respondents Nos.1 and 2. Syed Z.H. Jaffari for
Respondent. 3.
MST. SOBIA
VS
ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE AND 2 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss.22-A & 22-B---Constitution of Pakistan, Art. 199---Constitutional petition---Ex-officio Justice of Peace had directed the S.H.O. concerned to record the statement of complainant/applicant under S.154, Cr.P.C., and proceed in the matter in accordance with law---Petitioner had impugned said order of Justice of Peace---Version of complainant as contained in his application filed under Ss.22-A, 22-B, Cr.P.C. had been found to be false and incorrect by S.H.O.---Complainant who was a proclaimed offender in an other criminal case against him, had filed application before Justice of Peace with mala fide intention and ulterior motive to counter a criminal case registered against him on the complaint of brother of the petitioner---Constitutional petition was allowed and Impugned order passed by Justice of Peace, in absence of the comments of S.H.O. concerned, was set aside, in circumstances. THIS ORDER PASSED BY: MUHAMMAD YAWAR ALI, J.--- By invoking the provisions of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of the impugned order dated 15-2-2013 passed by respondent No.1 while hearing the case as an Ex-Officio Justice of Peace. 2. On 11-2-2013 respondent No.3 filed an application under sections 22-A and 22-B, Cr.P.C. stating therein that the accused have committed a cognizable offence by abducting her daughter, so that the latter may be subjected to illicit intercourse. Respondent No.1 after holding that the requisite report and para wise comments have not been submitted by the concerned police official directed the S.H.O. concerned to record the statement of the applicant, Mst. Naziran Bibi under section 154, Cr.P.C. and subsequently proceed in the matter in accordance with law. 3. The learned counsel for the petitioner has impugned the order dated 15-2-2013 passed by respondent No.1 by submitting that the petitioner is innocent and has not committed any cognizable offence. The applicant/respondent No.3 filed an application under section 22-A and 22-B, Cr.P.C. for registration of a criminal case against the accused with mala fide intention and ulterior…
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