Law: Criminal Procedure Code (V of 1898)

Section: 22A,22A(6)

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Constitution of Pakistan, Art.199--- Constitutional petition---Registration of criminal case---Petitioner approached the Police for registration of criminal case against the respondent, but Police having not registered case, petitioner filed application before Justice of Peace under S.22-A, Cr.P.C. for issuance of direction to S.H.O. concerned to register the case---Said application was dismissed by Justice of Peace---Validity---Justice of Peace, after considering the report of S.H.O., dismissed application observing that the petitioner might file a private complaint---Impugned order had been passed by Justice of Peace with full application of judicious mind after getting the report/comments of the Local Police and same was a speaking order, which did not call for any interference by High Court---Order of Justice of Peace was upheld. Muhammad Bashir v. S.H.O. and others PLD 2007 SC 539; Muhammad Mushtaq v. Additional Sessions Judge, Lahore and others 2008 YLR 2301 and Habibullah v. Political Assistant, Dera Ghazi Khan and others 2005 SCMR 951 ref. THIS ORDER PASSED BY: SYED EJAZ HUSSAIN SHAH, J.--- Through this constitutional petition, the petitioner Muhammad Hussain has prayed for setting aside the order of the learned Additional Sessions Judge, Dera Ghazi Khan/Ex-Officio Justice of Peace, dismissing his application for the issuance of a direction to the S.H.O., Police Station Kala, District Dera Ghazi Khan/respondent No.2 to register a criminal case against Suleman, Ismaeel and Qasim, respondents Nos.3 to 5. He has prayed for the issuance of a direction to respondent No.2 for recording his statement and registering a criminal case against respondents Nos.3 to 5. 2. The facts leading to this petition are that the petitioner Muhammad Hussain filed an application under section 22-A, Cr.P.C. maintaining that on 28-8-2010, at 7-30 p.m. he was returning to his house along with Muhammad Moosa on a Honda Motorcycle when Suleman respondent No.3 armed with a Kalashnikov, Ismail respondent No.4 equipped with a pistol and Qasim respondent No.5 empty-handed stopped them at gun-point. The petitioner and his companion…

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