Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 22-A & 195---Penal Code (XLV of 1860), S.182---Constitution of Pakistan, Art.199---Constitutional petition---Registration of case---Inquiry before registration---Direction of Ex-Officio Justice of Peace---Petitioner was aggrieved of direction given by Ex-Officio Justice of Peace for registration of case under S.182, P.P.C., against him---Validity---No F.I.R. was registered so on the basis of illegal proceedings conducted by police there was no occasion for Ex-Officio Justice of Peace to direct police to proceed under S.182, P.P.C.---No Court, under S.195, Cr.P.C., could take cognizance of any offence punishable under Ss.172 to 188, P.P.C., except a complaint in writing of concerned public servant or of some public servant to whom he was subordinate---Ex-Officio Justice of Peace passed order without jurisdiction and the same was not sustainable in the eye of law---Order passed by Ex-Officio Justice of Peace was on the basis of illegal proceedings of inquiry conducted by police before registration of case---When the foundation itself was not sustainable, the superstructure built thereon was bound to collapse---High Court in exercise of Constitutional jurisdiction set aside the order passed by Ex-Officio Justice of Peace--- Petition was allowed in circumstances. Haji Muhammad Aslam v. Inspector-General and others PLD 2001 Lah. 84; PLD 2007 Lah. 53 and Superintendent of Police, Headquarters, Lahore and 2 others v. Abdul Ghafoor 1992 SCMR 2162 rel. ORDER CH. MUHAMMAD YOUNIS, J.---Through the instant constitutional petition the impugned order dated 17-5-2011 passed by Mr. Sohail Ikram learned Additional Sessions Judge/Justice of Peace Chakwal has been assailed whereby on an application moved by the respondent No.4 under section 22-A Cr.P.C., the learned Ex-officio Justice of Peace directed the police to proceed against the petitioner under section 182, P.P.C. 2. The learned counsel for the petitioner contends that an application was moved by the petitioner against the respondent No.4 for proceeding against him under the Blasphemy laws to the DPO. Instead of registration of case the inquiry/investigation was conducted…

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