Law: Criminal Procedure Code (V of 1898)

Section: 22-A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Scope of report submitted by police--Police report, supporting petitioner’s version, could not have been kept out of consideration--Report from local police suggested that application filed by Respondent No. 3 was frivolous and baseless--Scope of report submitted by police came under consideration before their lordships in case of “KhizerHayat”--This petition is allowed and impugned order dated 09.02.2019 is set-aside. Resultantly, application filed by the Respondent No. 3 under Section 22-A, Cr.P.C. stands dismissed--Petition was allowed. PLD 2005 Lahore 470 ref. ORDER Through this petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner challenges the order dated 09.02.2019 passed by the learned Ex-Officio Justice of Peace, Kabirwala, whereby the application filed under Section 22-A, Cr.P.C. by Respondent No. 3 was disposed of with the direction to the Station House Officer concerned to register a case after recording his statement. 2. Learned counsel for the petitioner argued at some length. The crux of the arguments was that no cognizable offence was made out and that the police report, supporting his version, could not have been kept out of consideration. To augment his contention learned counsel for the petitioner relied upon “Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others” (PLD 2005 Lahore 470). 3. Learned law officer opposed this petition and supported the order rendered by the Respondent No. 1. 4. Heard. Available record perused. 5. A review of the record demonstrates that the Respondent No. 3 filed an application under Section 22-A, Cr.P.C. on 29.01.2019 and levelled the allegation against the proposed accused in Para No. 2 of the petition. The learned Ex-Officio Justice of Peace requisitioned a report from the local police which is available on record and suggested that the application filed by the Respondent No. 3 was frivolous and baseless. In para No. 5 of the impugned order, the learned Ex-Officio Justice of Peace dealt with the merits of the case and observed that the Station House Officer concerned…

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