Case Details

Citation(s)
2012 SLG 2291 2012 SLD 2291 2012 YLR 29
Lahore High Court
Writ Petition No. 11190 of 2011, decided on 6th September, 2011
SYED EJAZ HUSSAIN SHAH, J
Muhammad Khalid Farooq for Petitioner. Khursheed Ahmad Solgi for
Respondent No. 5. Mubashar Latif Gill A.A.G

Syed SIBTAIN RAZA GILANI

VS

ADDITIONAL DISTRICT JUDGE JUSTICE OF PEACE, MULTAN and 4 others

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Penal Code (XLV of 1860), S.489-F--- Constitution of Pakistan, Art.199---Constitutional petition---Dis-honestly issuing a cheque---Application for registration of case to Justice of Peace---Petitioner filed two applications under S.22-A, Cr.P.C. for registration of case, but in his constitutional petition had concealed the filing of the other applications by him, because a different story was given in the said other applications---Justice of Peace took note of said contradictory stand and after considering the report of the local Police, dismissed the petitioner's application---Justice of Peace before whom application under S.22-A(6), Cr.P.C. was moved to seek a direction to the S.H.O. concerned for registration of a case was not expected and required to allow the request of the complainant mechanically, blindly and without application of legal mind and he was competent to examine the complaint with full application of legal mind and was not supposed to accept and believe the averments of the complainant as gospel truth---High Court was under no obligation to issue a direction for the registration of a matter, in each and every matter irrespective of the facts and circumstances, which could call for exercise of judicial restraint in turning down such request in view of the conduct of the party, besides considering that adequate remedy in the form of private complaint was available to the complainant---Impugned order of Justice of Peace, did not call for any interference, in circumstances. Muhammad Mushtaq v. Additional Sessions Judge, Lahore and others 2008 YLR 2301; Habibullah v. Political Assistant Dera Ghazi Khan and others 2008 SCMR 951 and Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2001 SC 691 ref. ORDER SYED EJAZ HUSSAIN SHAH, J.---The petitioner Syed Sabtain Raza Gilani filed an application under section 22-A, Cr.P.C. for the issuance of a direction to the S.H.O. Police Station Cantt. Multan to register a case against Abdul Sattar respondent No.5 maintaining that he had sent his 'Phutti' to the cotton factory of Abdul Sattar known as Abdullah Haseeb Cotton Factory D.G. Khan and in…
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