Case Details

Citation(s)
2017 SLG 501 2017 SLD 501 2017 PCRLJ 225
Islamabad High Court
Writ Petition No. 3480 of 2016, decided on 29th September, 2016.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Tariq Mahmood Khalid for Petitioner.

WAHEED AKHTAR

VS

SESSIONS JUDGE (EAST) ISLAMABAD AND OTHERS --RespondentS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Cross version---Second FIR---Scope---Petitioner was aggrieved of order passed by Ex-Officio Justice of Peace directing police to register second FIR on the complaint filed by respondent---Validity---Only recording of version could not create such right of complainant as guaranteed by procedural law---To have an independent case for same offence was necessary---In the present case, two different persons sought lodging of separate FIRs---Each case had to be decided on its own merits---One could not step into the shoes of another in a criminal case as it was warranted by law---High Court declined to interfere in the order passed by Ex-Officio Justice of Peace---Constitutional petition dismissed in circumstances. 2014 MLD 1451 and 2014 PCr.LJ 1146 ref. THIS ORDER PASSED BY: NOOR-UL-HAQ N. QURESHI, JUSTICE:---.--- Through the instant writ petition, petitioner seeks following relief: "In the above circumstances, it is, therefore, respectfully prayed that the order dated 19.9.2016 passed by the respondent No.1 may kindly be set aside and the petition titled as Javed Iqbal v. SHO etc., under section 22-A of Cr.P.C., filed by the respondent No.4 may kindly be dismissed with special costs, in the best interest of speedy, real and natural justice. It is further prayed that the impugned order dated 19.9.2016 passed by the respondent No.1 may kindly be suspended till the final disposal of this petition, in the best interest of speedy, real and natural justice. It is again prayed that any other ground, which has not been specifically taken at this time, may also please be allowed to be pressed at the time of final arguments. It is also prayed that because this is second petition filed in this matter by the present petitioner, the files of W.P. No.1327/2015 and W.P. No.1624/2015, allowed on 27.5.2016, by the Worthy Bench-V of this Honourable Court may kindly be perused." 2. Facts in brief are that petitioner is supervising and managing all the affairs of Farm House situated in Plot No.29, Orchard Scheme, Murree Road, Islamabad and has employed 3 and 4 workers to look after and safeguard the plot. It is contended…
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