Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Application for registration of case against accused persons was dismissed by Ex-officio Justice of Peace---Contention of applicant was that he was owner of landed property and fruit trees, which was his ancestral property---Said property was in possession of petitioner and his brother---Accused persons along with six unknown persons came there and forcibly looted two bags of fruit---Petitioner submitted application for registration of case but Tehsildar refused to register the same---Petitioner filed application under S. 22-A, Cr.P.C. before Ex-officio Justice of Peace, who rejected the same---Validity---Ex-Officio Justice of Peace under S. 22-A(6), Cr.P.C. had to examine whether the information disclosed by the applicant did or did not constitute a cognizable offence and if it did then to direct the concerned Tehsildar to register FIR---Record showed that there was a dispute between the parties over the land and both the parties were claiming ownership of the land in question whereas the land where alleged trees were planted was Beroon-az-Line---Dispute between the parties was that of civil nature and the Ex-officio Justice of Peace had passed a well reasoned order---Allegation levelled against the accused persons by the applicant could not be gone into by High Court while exercising its extra-ordinary constitutional jurisdiction, under Art.199 of the Constitution as the same would require a factual inquiry---Constitutional petition was dismissed in circumstances. Muhammad Bashir v. Station House Officer, Okara Cantt and others PLD 2007 SC 539 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Ex-officio Justice of Peace, jurisdiction of---Scope--- Ex-officio Justice of Peace while seized of application under Ss.22-A & 22-B, Cr.P.C. was not to act mechanically by issuing direction for registration of criminal case in each and every case. Mian Abdul Waheed v. Additional Sessions Judge Lahore and 7 others 2011 PCr.LJ 438 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, J.--- The petitioner through this petition assailed the validity of order dated 25.3.2015 (the impugned…

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