Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,561A

Law: Specific Relief Act, 1877

Section: 56(e)

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 561-A---Applicant sought registration of his F.I.R. against accused under Ss.22-A & 22-B, Cr.P.C. before Ex-officio Justice of Peace, which application was dismissed---Applicant could not be prevented or deprived of from approaching the S.H.O. concerned for recording his statement in respect of the offence, which was alleged by him to have been committed by accused---Civil suit was though pending with regard to matter in question before civil court, but both civil and criminal remedies if were available, could simultaneously be availed by the aggrieved person---Applicant having levelled allegation which according to him constituted a criminal liability, he was allowed to approach the S.H.O. of concerned Police Station, who would record the statement of the applicant in verbatim and if a cognizable offence was made out from such statement, then F.I.R. of the applicant would be registered---If such F.I.R. was registered, no arrest would be effected, unless a tangible evidence was collected by the investigation agency against the nominated accused---Police Officer concerned could also take action against applicant in accordance with law, in case his F.I.R., if registered, was found to be false. PLD 2007 SC 539; PLD 2005 Kar 621; 2002 MLD 1379; 2000 MLD 1687 and PLD 2010 Lah 60 rel THIS ORDER PASSED BY: NISAR MUHAMMAD SHAIKH, J.--- The applicant Aijaz Ali Noonari seeks registration of his F.I.R. against the proposed accused namely Dr. Shah Muhammad Noonari. The similar prayer made by the applicant in his application under section 22-A&B, Cr.P.C. was declined vide order dated 5-9-2011 passed by learned VIIth Additional Sessions Judge Hyderabad/Ex-Officio Justice of Peace. I have heard learned counsel for the applicant, proposed accused and learned A.P.-G. Sindh for the State and also perused relevant record. The respondent No.1 has also filed his statement in writing. For the sake of convenience, the impugned order dated 5-9-2011 is reproduced below:-- "By this order I would like to dispose of an application under sections 22-A and 22-B, Cr.P.C. moved on behalf of applicant above named…

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