| Citation(s) |
|---|
| 2016 SLG 3277 2016 SLD 3277 2016 PCRLJ 1054 |
Lahore High Court
Writ Petition No. 35779 of 2015, decided on 4th February, 2016.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Ch. Jawad Zafar for Petitioner. Sittar Sahil, Assistant Advocate-General with Amjad Ali, S.I. Ch. Shaigan Ijaz Chadhar for
Respondent No. 3.
Writ Petition No. 35779 of 2015, decided on 4th February, 2016.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Ch. Jawad Zafar for Petitioner. Sittar Sahil, Assistant Advocate-General with Amjad Ali, S.I. Ch. Shaigan Ijaz Chadhar for
Respondent No. 3.
MIAN UMER IKRAMULHAQ - ER
VS
ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE AND 15 OTHERS --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------Ss. 22-A, 22-B & 200 --------- Dismissal of application for registration of criminal case by Ex-Officio Justice of Peace --------- Private complaint --------- Petitioner was aggrieved of the order passed by Ex-Officio Justice of Peace dismissing application of petitioner for registration of criminal case --------- Validity --------- Private complaint filed by petitioner was dismissed for want of prosecution after dismissal of application under Ss. 22-A & 22-B, Cr.P.C. --------- Petitioner had already availed alternate remedy by filing private complaint regarding the similar occurrence, therefore, he could not invoke jurisdiction of Ex-Officio Justice of Peace --------- High Court declined to interfere in the order passed by Ex-Officio Justice of Peace --------- Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, JUSTICE:---------- Through this writ petition, petitioner Mian Umer Ikram-Ul-Haq seeks setting aside of an order dated 03.06.2014 passed by the learned Ex-officio Justice of Peace, Lahore whereby application of the petitioner under sections 22-A/22-B, Cr.P.C. for registration of a criminal case against the proposed accused was dismissed. 2. Learned counsel for the petitioner contends that the impugned order is illegal and has been passed, in a hasty manner without adverting to the actual facts of the case that the contents of application moved before the learned Ex-officio Justice of Peace did disclose commission of a cognizable offence but the application has been dismissed merely on the ground of pendency of a private complaint regarding the same facts, however, the said private complaint has already been dismissed for want of prosecution; that even otherwise pendency of a private complaint regarding the similar occurrence does not create any bar upon registration of a criminal case, therefore, by setting aside the impugned order an appropriate direction may be issued to the SHO Police Station concerned. 3. On the other hand, learned law officer assisted by learned counsel for respondent No. 3 contends that the alleged occurrence mentioned…
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