Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,154,195(1)(c),476,476(A)

Law: Law Reforms Ordinance, 1972

Section: 3

Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B & 154---Registration of FIR---Civil and criminal proceedings---Exercise of judicial restraint vis- -vis direction for registration of criminal case by the courts---Appellant had impugned order passed in Constitutional petition whereby direction by Justice of Peace for registration of criminal case against respondents, was set aside---Validity----Civil suit and ejectment petition between the parties, relating to the matter, were pending before courts of competent jurisdiction, and such fact was overlooked by the Justice of Peace---Trend of availing pre-mature criminal remedies to achieve shortcuts was deprecated by the High Court---Court had rightly observed restraint in the matter for registration of cases---No illegality existed in the impugned order---Intra-court appeals were dismissed, in circumstances. Younas Abbas and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581 rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.--- This judgment shall dispose of Intra Court Appeals Nos.186259/2018 and 186261/2018 involving common questions of law and facts. 2. Above noted two Intra Court Appeals under Section 3 of The Law Reforms Ordinance, 1972 have been filed by Mian Imdad Sarwar (hereinafter referred as appellant) against consolidated order dated 21.02.2018 passed by the learned Single Judge-in-Chamber, whereby Writ Petitions Nos.12826/2016 and 12827/2016, filed by Muhammad Yaqoob and Muhammad Shoaib Yaqoob, respectively, were accepted and the orders dated 16.04.2016, passed on the applications filed under Sections 22-A & B, Cr.P.C. by the present appellant, were set aside. 3. Necessary facts leading to the filing of instant appeals are that the appellant moved two applications under Sections 22-A and 22-B, Cr.P.C. before the learned Ex-Officio Justice of the Peace, Lahore seeking direction to the SHO concerned for registration of FIR against Muhammad Yaqoob, Muhammad Shoaib Yaqoob and others, who vide orders dated 16.04.2016 disposed of the same directing the appellant to approach the SHO concerned, who was further directed to record the version of the appellant and proceed…

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