Law: Criminal Procedure Code (V of 1898)

Section: 435,439

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 439--Criminal revision--A llegation against petitioner is that he--alongwith proforma respondent, misappropriated licensed pistol .30 bore belonging to Respondent No 3 No. 3 further alleged that a criminal case vide FIR No. 98/2015, offence under Section 13(2)(a) of Pakistan Amis Ordinance XX of 1965, Police Station Raja Ram, was registered against him illegally--He applied for securing pistol on Superdari before illaqa Magistrate, on perusal of report so filed by police, it transpired that his pistol has been misappropriated and another pistol has been planted against him--Thereupon Respondent No3 herein moved to Court of Justice ‘ of Peace for registration of case and got passed tie impugned order dated 09.02.2016--Today, counsel for petitioner has presented a copy of order dated 15.03.2017, passed by Magistrate Section 30, Shujabad, disclosing that Respondent No 3, upon his confessional statement has been convicted) and sentenced with fine of Rs. 1,000/-. Copy be placed on record--Therefore, he states that in view of above position, when said Respondent No. 3 himself confessed his guilt, allegation against petitioner automatically stands falsified. ORDER Through this criminal revision petition, the petitioner has impugned the orders dated 09.02.2016, passed by the learned Addl. Sessions Judge, Shujabad, whereby SHO Police Station Raja Ram was directed to record version of the petitioner (Respondent No. 3) provided cognizable offence is made out. 2. Precisely the facts necessary for disposal of is in hand are that Muhammad Jameel filed an application under Sections 22-A/22-B, Cr.P.C. for registration of case against the petitioner and others before the learned Ex-officio Justice of Peace, upon which order dated 09.02.2016 was passed wherein learned Ex-officio Justice of Peace, issued direction to the SHO Police Station Raja Ram to record version of said Muhamad Jameel provided cognizable offence is made out. The said order was challenged by the present petitioner by filing Writ Petition No. 5501 of 2016, which was dismissed by this Court vide order dated 05.05.2016. Again, the petitioner has challenged…

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