| Citation(s) |
|---|
| 2014 SLG 2562 2014 SLD 2562 2014 YLR 1174 |
Lahore High Court
Writ Petition No. 22688 of 2013, decided on 5th November, 2013
SHAHID HAMEED DAR, J
Muhammad Tanveer Chaudhry for Petitioner. Ch. Muhammad Shabbir Gujjar, A.A.G. for the State. Aamir Zubair Rai assisted by Ch. Muhammad Imran Khan for
Respondent No. 4
Writ Petition No. 22688 of 2013, decided on 5th November, 2013
SHAHID HAMEED DAR, J
Muhammad Tanveer Chaudhry for Petitioner. Ch. Muhammad Shabbir Gujjar, A.A.G. for the State. Aamir Zubair Rai assisted by Ch. Muhammad Imran Khan for
Respondent No. 4
MUHAMMAD SARWAR
VS
ADDITIONAL SESSIONS JUDGE and 4 others
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Constitution of Pakistan, Art. 199---Constitutional petition---Registration of F.I.R.---Ex-Officio Justice of Peace, directed S.H.O. concerned to register F.I.R. on the complaint of the complainant---Validity---When a cognizable offence was reported by a person the S.H.O. of the concerned Police Station was bound to register F.I.R. under the mandatory provisions of S.154, Cr.P.C.---Police was under a statutory duty under S.154, Cr.P.C. to register a case, where a cognizable offence appeared to have been committed; and was statutorily bound to investigate a cognizable offence---No illegality or defect was found by High Court in the exercise of jurisdiction by Ex-Officio Justice of Peace while passing the impugned order---Constitutional petition was dismissed. Jamal Khan's case PLD 2009 SC 102 and Muhammad Bashir's case PLD 2007 SC 539 ref. ORDER SHAHID HAMEED DAR, J.---Through this constitutional petition, Muhammad Sarwar-petitioner prays for setting aside order dated 5-9-2013 passed by respondent No.1, the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Arifwala (Pakpattan Sharif), whereby he while disposing of the application under section 22-A 22-B, Cr.P.C. moved by Abdul Rehman (respondent No.4) directed the respondent-S.H.O. to register an F.I.R. on the complaint of respondent No.4. 2. Precisely the facts giving rise to the instant petition are that the petitioner purchased 2100 litres of diesel and 100 litres of petrol from respondent No.4, Business Development Officer in AGRO Centre, Qabula Road, Arifwala, and issued two cheques to him for Rs.2,28,060 and Rs.1,12,200, respectively, as cost thereof, which, on presentation, were bounced by the drawee bank due to lack of funds; respondent No.4 contacted the petitioner for payment of the aforesaid amount, but he refused to do so, which prompted him to approach the respondent-S.H.O. for registration of a case, but to no avail; respondent No.4, lastly, filed an application under sections 22-A and 22-B, Cr.P.C. before the Ex-Officio Justice of Peace Arifwala (Pakpattan Sharif), seeking for issuance of a direction qua…
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