Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A 22-B--- Constitution of Pakistan, Art. 199--- Constitutional petition---Ex-officio Justice of Peace---Locus standi---Scope assailed order passed by Justice of Peace whereby respondents application for registration of criminal case against his son was allowed---Contention of petitioner was that his son had been abducted and his whereabouts were unknown, therefore, he had locus standi to file the petition---Validity being father of the proposed accused could not be termed as aggrieved party or aggrieved person and by no stretch of imagination it could be said that any of his fundamental rights was infringed or he had suffered any loss had no power of attorney of his son---Holy Prophet Hazrat Muhammad (PBUH) in Khutba Hajjatul Wida had ordained that father was not responsible for the deeds of his son, as well as, son was not responsible for the act of his father, as such, constitutional petition was dismissed in limine. Mrs. Ambreen Naseem Khawaja v. Federation of Pakistan and others 2015 PCr.LJ 506; Ardeshir Cowasjee and others v. K.B.C.A. and others 2001 YLR 2403 and Ghazi Khan v. ASJ/Justice of Peace, Lodhran 2007 YLR 2842 distinguished. Ch. Safdar Mumtaz Sandhu v. Government of the Punjab through Chief Secretary, Punjab and others PLD 2009 Lah. 1 and Province of Balochistan through Secretary Excise and Taxation Department Civil Secretariat, Quetta and 2 others v. Murree Brewery Company Ltd. through Secretary PLD 2007 SC 386 ref. Mst. Nazia v. State through SHO and others PLD 2019 Lah. 373 rel. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Locus standi--- Scope---Jurisdiction of High Court is conceived and regulated by Art. 199 of the Constitution and it is sine qua non for initiation of proceedings under Art. 199 of the Constitution that the petitioner should have a locus standi to institute the proceedings or in other words the petitioner should be an aggrieved person or aggrieved party from the impugned action. Mian Fazal Din v. Lahore Improvemnet Trust, Lahore PLD 1969 SC 223 and Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014…

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