Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,561A

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 561-A---Application to Justice of Peace for direction to lodge FIR against the proposed accused persons was dismissed---Application under S.561-A, Cr.P.C. for quashing of dismissal order of the Justice of Peace---Contents of proposed FIR, showed that applicant had claimed that proposed accused had filed a case in respect of illegal occupation, which he could not prove and the Trial Court had observed that the dispute between the parties was of civil nature---Facts narrated in the FIR indicated that there was some thing fishing in the entire matter and applicant had not come to the court with clean hands---Entire circumstance of a criminal case had to be considered before passing an order---Proposed accused had specifically pointed out that alleged incident had arisen in the backdrop of a dispute---Story of applicant with regard to constitution of cognizable offence was doubtful---Ex-Officio Justice of Peace, had rightly exercised the jurisdiction vested in him through applying his judicial mind---No illegality or irregularity had been committed by him while passing the impugned order for giving a direction to the applicant for filing a private complaint---Impugned order, did not call for any interference by High Court---Application was dismissed being devoid of any force. Mushtaq Ahmad case PLD 1973 SC 418 ref. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- Through this Criminal Miscellaneous Application, the applicant has assailed the order dated 09.05.2017 passed by the learned Sessions Judge, Larkana in the capacity of ex-officio Justice of Peace, whereby an application filed by the applicant for directions to lodge FIR against the proposed accused persons. 2. The facts of the case are that the applicant filed an application before learned Sessions Judge, Larkana by invoking his authority as Ex-Officio Justice of Peace under Sections 22-A and 22-B, Cr.P.C. Through the said application, he was seeking directions to the respondent/SHO to register a case/ FIR against the proposed accused in respect of an incident allegedly taken place on 27.04.2017, according to which proposed accused…

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