Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 22-A---Constitution of Pakistan, Art. 199---Constitutional petition---Ex-Officio Justice of Peace---Order for recording of FIR---Scope---D.N.A. test---Contention of accused was that without D.N.A. test it would be dangerous to book him in a henious offence punishable with life imprison-ment---Validity---Case should have been registered under S. 154, Cr.P.C., when matter was reported to the police---Police administration was bound to follow the dictate of law---Ex-Officio Justice of Peace had exercised the authority vested in him by ordering the S. H. O. to register a case on application made by the complainant---Investigation including a D.N.A. test was to follow the registration of case and under no circumstances could it precede the registration of case nor could the registration of case be deferred or made contingent upon the positive report of D.N.A. test---No illegality had been pointed out in the impugned order which was passed within jurisdiction---Constitutional petition was dismissed in circumstances. 2014 SCMR 83 and Muhammad Bashir v. Station House Officer, Okara Cantt. PLD 2007 SC 539 rel. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE:---.--- Muhammad Tayyab, the petitioner has assailed the validity of the order dated 29.1.2014 passed by an Additional Sessions Judge/Ex-Officio Justice of Peace, Jalalpur Pirwala, District Multan, whereby registration of a case was ordered against him, on an application moved under section 22-A, Cr.P.C. by Mst. Amna Mai. 2. Learned counsel for the petitioner contends that the learned Ex-Officio Justice of Peace, respondent No. 1 was not to act as a post office. He was supposed to apply his independent mind to the complaint made by Mst. Amna Mai. According to him, each and every application made to respondent No. 1 is to be dealt with on its own merits instead of passing stereotype orders. He argues that respondent No. 1 was under an obligation to determine as to whether the complaint made to him, prima facie constituted a cognizable offence or not. He points out that the complainant is 50-years old woman and a mother of 11/12 children, while the petitioner…

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