| Citation(s) |
|---|
| 2014 SLG 736 2014 SLD 736 2014 YLR 1616 |
Lahore High Court
Writ Petition No. 14322 of 2013, decided on 27-12-2013.
MAHMOOD AHMAD BHATTI, JUSTICE
Sh. Abdul Samad for Petitioner. Messer Tahir Mehmood and Malik Bakhat Yar Mehdi, for
Respondent No.3.
Writ Petition No. 14322 of 2013, decided on 27-12-2013.
MAHMOOD AHMAD BHATTI, JUSTICE
Sh. Abdul Samad for Petitioner. Messer Tahir Mehmood and Malik Bakhat Yar Mehdi, for
Respondent No.3.
BASHIR AHMAD
VS
JUSTICE OF PEACE/A.S.J., MUZAFFARGARH AND 2 OTHERS
Law:
Section:
Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), S.22-A---Constitution ofPakistan, Art.199---Constitutional petition--Dishonesty issuing a cheque----Application for registration of case to Justice of Peace---Conducting of inquiry by Justice of Peace before issuing order---Scope---Petitioner was aggrieved of order passed by Ex-Officio Justice of Peace whereby he conducted inquiry into the matter and then ordered Station House Officer to proceed in accordance with law---Validity---Petitioner admitted to have made out cheque in question and also admitted his thumb-impression on it, which was handed over to complainant---Controversy with regard to return of entire amount by petitioner and nothing to be outstanding against him could not be resolved by Ex-Officio Justice of Peace while exercising his powers under S. 22-A, Cr.P.C.---Inquiry into the fact was to be undertaken subsequent to registration of F.I.R. and was not to be conducted before passing any order under S. 22-A, Cr.P.C.---High Court declined to interfere in the order passed by Ex-Officio Justice of Peace---Petition was dismissed in circumstances. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 rel. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, J.--- Bashir Ahmad has filed this petition to question the validity of the order dated 23-11-2013 passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Muzaffargarh, whereby he ordered the SHO, Police Station Roheelanwali, District Muzaffargarh to record the statement of the complainant, Ghulam Hussain and to proceed in accordance with law. Needless to add, the aforesaid order was passed on an application moved by Ghulam Hussain, respondent No.3, under section 22-A Cr.P.C. 2. On 28-11-2013, notice was issued to the respondents Nos.2 and 3, while operation of the impugned order dated 23-11-2013 was suspended. Today Messer Tahir Mehmood and Malik Bakhat Yar Mehdi Advocates entered appearance on behalf of Ghulam Hussain, the complainant and prayed for the dismissal of the petition. 3. In support of the petition, learned counsel for the petitioner contends that order of the registration…
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