Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A & 22-B--Application for registration of FIR--Civil Dispute--Scope of police comments--Validity--Ex-Officio Justice of Peace requisitioned a report from local police, which revealed that it was a civil dispute--A report of respondent was also requisitioned by this Court--Report has been submitted by respondent which reflect that petitioner was innocent and all allegations leveled in petition were false--Allegations leveled against petitioner by respondent are thus, falsified by police report, neither considered nor discussed in impugned order, which is contrary to law, cannot be sustained and liable to be set aside--Petition was dismissed. PLD 2005 Lah. 470, ref. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- The petitioner challenges the order dated 25.2.2016 passed by learned Respondent No. 1 whereby the application moved by Respondent No. 3 under Section 22-A & 22-B, Cr.P.C for registration of the FIR was disposed of with the direction to the SHO to record his version and to proceed under the law. 2. Learned counsel for the petitioner submitted that the impugned order runs contrary to the facts and the law on the subject. Adds that the impugned order was outcome of misreading and non reading of the available record, in particular the police report which reflects that it was, in fact, a civil dispute. 3. Learned law officer opposed the application half heartedly. 4. Heard. Available record perused. 5. A review of the record demonstrates that the application was filed by Respondent No. 3 and the allegation levelled against the petitioner find mentioned in para-2 of the said petition. Learned Ex-Officio Justice of Peace requisitioned a report from the local police, which revealed that it was a civil dispute. A report of Respondent No. 2 was also requisitioned by this Court vide order dated 22.3.2016. In compliance therewith, a report has been submitted by Respondent No. 2 which reflect that the petitioner was innocent and all the allegations leveled in the petition were false. The scope of police comments were considered by their lordship in "Khizer Hayat and others v. Inspector-General…

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