Law: Criminal Procedure Code (V of 1898)

Section: 156

(a) Criminal Procedure Code (V of 1898)----Ss. 22-A & 157(2)---Constitution of Pakistan, Art.199---Constitutional petition---Application under S. 22-A, Cr.P.C. for registration of case---Justice of Peace, after obtaining the comments from S.H.O. concerned directed him to proceed in accordance with law---Justice of Peace, vide impugned order relying on rapt submitted by S.H.O. under S.157(2), Cr.P.C. dismissed the petition and observed that petitioner was at liberty to file a private complaint---Validity---Rapt recorded by S.H.O. was based on frivolous ground; it had been mentioned in said rapt that since the civil suit was pending between the parties in respect of the agreement to sell in question, the criminal case could not be registered---Such view was violative of law---Ex-officio Justice of Peace without applying his judicial mind proceeded to dismiss the petition; and failed to get his own order implemented merely on the basis of his rapt which had no legal bearing---Civil as well as criminal proceedings could be initiated simultaneously---If a person prepared a forged document and he himself filed a suit for specific performance on the basis thereof, he could not be absolved of his criminal liability as it would amount to perpetuate an illegality by refusing to initiate a criminal action against said person---Civil suit normally would take years to conclude---No one could be given benefit of his own wrong or misdeed---Impugned order of Justice of Peace was set aside and S.H.O. was directed to record the version of the petitioner, register a case and proceed strictly in accordance with law against all the persons found involved in commission of offence. (b) Criminal trial---Civil and criminal liability---Criminal liability was always distinct and different from civil liability between the parties---If a criminal offence was made out there was absolutely no bar for getting a criminal case registered. ORDER CH. MUHAMMAD YOUNIS, J.---The learned counsel for the petitioner contends that petitioner had moved an application under section 22-A, Cr.P.C. to the learned Additional Sessions Judge/Ex-Officio Justice of Peace Mailsi, for registration of case…

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