Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 22A,154

Constitution of Pakistan, 1973-- ----Art. 199--Petition for lodging FIR for preparation of pass book before justice of peace--Allowed--Direction to S.H.O.--Suit for declaration for cancellation of mutation--Decreed--Appeal Dismissed--Civil Revision--Dismissed--Preparation of pass book after cancellation of mutation by Government--Order of Justice peace was challenged--Perusal of record evinces that land in question was sanctioned by revenue authority in favour of mother of Respondent No.3 on 25.12.2017 and till date petitioner has every right to a passbook prepared for purpose of agricultural loan--However, law could take its own course if petitioner had prepared said passbook alter 25.12.2017--As said passbook had been prepared prior to that, therefore, no offence has been made out and petitioner alongwith proforma respondents could not be held responsible for any illegal act committed by them for cheating, forgery or misrepresentation--Learned Ex-Officio Justice of Peace being quasi-judicial forum has to pass order judiciously but in case in hand he has not passed said order with judicious mind, which requires interference by this Court--Petition was allowed. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE---.---- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Fazal Hussain has challenged the vires of order dated 1.2.2018 passed by the learned Ex-Officio Justice of Peace, Karor-Lal-Eisan whereby in petition under Section 22-A Cr.P.C. filed by Respondent No.3 seeking direction for the registration of criminal case against the petitioner and proforma respondents, Respondent No.2/Station House Officer, Police Station Karor, had been directed to record version of Respondent No.3 and then proceed further strictly in accordance with law under the provision of 154 Cr.P.C. 2. Brief facts necessary for disposal of present writ petition are that Respondent No.3 had filed a petition under Section 22-A Cr.P.C. seeking direction for the registration of case against the petitioner and the proforma respondents with the allegation that the mother of Respondent No.3 namely Mst. Naziran Bibi had instituted a…

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