| Citation(s) |
|---|
| 2016 SLG 3311 2016 SLD 3311 2016 PCRLJ 1232 |
Peshawar High Court
W.P. No. 3862-P of 2015, decided on 8th December, 2015. Date of hearing: 8th December, 2015.
NISAR HUSSAIN KHAN, JUSTICE AND MUHAMMAD YOUNIS THAHEEM, JUSTICE
Astaghfirullah for Petitioner. Nemo for
Respondents.
W.P. No. 3862-P of 2015, decided on 8th December, 2015. Date of hearing: 8th December, 2015.
NISAR HUSSAIN KHAN, JUSTICE AND MUHAMMAD YOUNIS THAHEEM, JUSTICE
Astaghfirullah for Petitioner. Nemo for
Respondents.
SHAMSHAD ALAM SAHA - ER
VS
SHO POLICE STATION TAKHT BHAI AND 3 OTHERS --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 22-A --------- Registration of FIR --------- Petitioner alleged that the accused persons attacked them with fire arms with intention to kill, as a result of which one of the accused got injured, but the police refused to register FIR, as the accused had already registered FIR under S. 324/34, P.P.C. against the petitioners --------- Stance taken by the petitioner in the application before Justice of Peace under S. 22-A, Cr.P.C. and the allegations made in the application preferred to Deputy Inspector General of Police were in conflict with each other --------- Justice of Peace, therefore, had rightly dismissed the application --------- Petitioner should have filed criminal complaint, instead of filing the application under S. 22-A, Cr.P.C. --------- Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---------- Through the instant constitutional petition, petitioner has called in question the impugned order dated 05.11.2015 passed by learned Justice of the Peace/Additional District Judge-II, Takhbhai whereby application of the petitioner under section 22-A, Cr.P.C. was dismissed. 2. Brief facts of the case are that on 28.10.2015 at 15:15 hours, accused Sheraz along with others duly armed with deadly weapons stormed at the house of petitioner and made firing upon petitioner, his brother Jan Alam and one Babar with the intention to kill them but they luckily escaped unhurt, however one accused namely Sheraz got injured from the firing of his own companions. To this effect petitioner went to the police station for reporting the matter but there a case against the petitioner, his brother Jan Alam and Babar has already been registered by the local police on the basis of mala fide and arrested them. The petitioner requested to local police for registration of case against the accused Sheraz etc but in vain. The petitioner then approached to the Court of learned Justice of Peace by filing application under section 22-A,…
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