Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Application to Ex-Officio Justice of Peace for direction to lodge FIR---Ex-Officio Justice of Peace had refused to issue such directions in respect of the incident, whereby it was alleged that respondents by show of weapon, restrained the applicant and thereafter sprinkled petrol on his hey and grains and put the same to fire---Act of such burning though was present, but as to the details whether the same was in respect of hey or the grain, the value thereof, and as to who acted in that manner, was in dispute---Said dispute, if agitated, could be determined by way of a private complaint---Investigation, in circumstances, was not required for proving any allegation---Infirmity noticed was that District Judge had not granted the applicant a right to file the private complaint---Application was disposed of by the High Court with minor variation in the impugned order that the applicant might, if interested, file a private complaint, if so advised, which would be entertained strictly on merits by the concerned Magistrate. PLD 2007 SC 539 and 2001 SCMR 1556 ref. THIS ORDER PASSED BY: MEHMOOD A. KHAN, J.--- Learned counsel for the applicant contents that the order of the learned District Judge has been impugned. wherein the learned District Judge has failed to issue direction of lodging of FIR in respect of the incident reported whereby it was alleged, that the respondents by show of weapon restrained the applicant and thereafter sprinkled petrol on his hey and grains had put it to fire causing the burning of the same. It is further contended on the part of the learned counsel for the applicant taking from reported case of PLD 2007 SC page 539, that an enquiry is liable to be conducted as the allegations were amounting to a cognizable offence and in such circumstances only after investigation the actualities could come to light. Learned counsel for the proposed accused has filed copy of a civil appeal contending that civil dispute between the parties was present and that the dispute between the parties was a civil nature. It is further contended that no infirmity in the order impugned has been shown by…

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