Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Constitution of Pakistan, 1973, Art. 199--Petition for registration of case--Dismissed--Pendency of civil case for recovery of maintenance allowance--Submission of police--Bona fide claim of right--Challenge to--Movable property alleged to have been taken by proposed accused was admittedly in house belonging to such proposed accused--As such, it was in her possession and cannot be described as having been taken from possession of Petitioner--Household items and car were bought by Petitioner for proposed accused--In view of foregoing, proposed accused had a bona fide claim of right on property, removal of which does not therefore constitute theft--Proposed accused claim of right from Flat admittedly belonging to her does not spell out any cognizable offence--Respondent No. 1 has reached correct conclusion vide Impugned Order--Hence, present petition being devoid of any merit is hereby dismissed--Petition dismissed. PLD 1965 Dhaka 315 ref. JUDGMENT The petitioner has invoked the Constitutional Jurisdiction of this Court by filing the instant writ petition seeking setting aside of the order dated 14.01.2022 (“Impugned Order”) passed by the Ex-Officio Justice of Peace/Additional Sessions Judge-III, Islamabad-East, whereby his petition under Section 22-A, Cr.P.C. has been dismissed. The Petitioner further seeks direction for Respondent No. 4 (Station House Officer, Police Station Sihala, Islamabad) to register FIR against Proposed Accused. 2. Brief facts of the case as per the Memo of Petition are that the Petitioner filed a petition under Sections 22-A/B, Cr.P.C. before Respondent No. 1 for issuance of direction to Respondents No. 2 to 4 to register FIR against the Proposed Accused alleging therein that his wife in connivance with her father and brother committed theft of the precious household items, car, cash, gold ornaments and 9MM pistol of the Petitioner . Respondent No. 1 dismissed the Petition vide Impugned Order dated 14.01.2021 with the observation that Proposed Accused is the wife of the Petitioner and a civil case of maintenance is pending between the parties before the learned Judge Family Court…

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