Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Contempt of Court Ordinance, 2003

Section: 12

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Contempt of Court Ordinance (V of 2003), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Petition under Ss. 22-A and 22-B, Cr.P.C. filed before Justice of Peace on basis of violation of a stay order in a civil suit---Maintainability---Civil suit with regard to disputed property was pending adjudication before the civil court, wherein stay was granted in favour of plaintiff (petitioner)---Plaintiff filed a contempt petition against the defendants in the civil suit for violation of stay order---Subsequently plaintiff also filed a petition under Ss. 22-A & 22-B, Cr.P.C. before Justice of Peace, who called a report from the police and dismissed the petition as being baseless on the ground that plaintiff attempted to lodge a criminal case against the defendants, when he had also filed a contempt petition---Validity---Version of plaintiff had not been affirmed by the police official in his report---Justice of Peace was right in not issuing direction for registration of case by holding that plaintiff had already filed a contempt petition for violation of stay order which would entail penal consequences---Allegations levelled against accused persons by the plaintiff entailed a factual inquiry, which could not be gone into by the High Court in its constitutional jurisdiction under Art.199 of the Constitution---Constitutional petition was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Power of Justice of Peace to issue directions for registration of F.I.R.---Scope---Ex-Officio Justice of Peace while seized of a petition under Ss. 22-A & 22-B, Cr.P.C. was not to act mechanically by issuing a direction for registration of F.I.R. in each and every case, which had to be decided on its own peculiar facts. Mian Abdul Waheed v. Additional Sessions Judge, Lahore and 7 others 2011 PCr.LJ 438 rel. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Allegations levelled in a constitutional petition filed before High Court entailing…

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