Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ---Ss. 22-A & 22-B---Constitution of Pakistan, Art. 199---Constitutional Petition---Ex-officio Justice of Peace had directed the SHO to record F.I.R. on the application of the complainant regarding dispute inter se the unofficial respondents about an agreement to sell some land---Validity---Accused petitioner admittedly was not a party to the said agreement of sale or the transaction---Complainant had not stated in his application that he had paid any money to the accused---Registration of F.I.R. was sought by the complainant after five years of the alleged transaction in dispute---Police had been harassing the accused regarding the same matter as indicated by the institution of two Constitutional petitions---Jurisdiction under Ss. 22-A and 22-B, Cr.P.C. could not be exercised mechanically by the Ex-Officio Justice of Peace by directing registration of F.I.Rs. in each and every case, which had to be decided on its own peculiar facts---Complainant had also an alternate remedy of filing a private complaint in the matter--Impugned order passed by the Ex-Officio Justice of Peace was set aside in circumstances---Constitutional petition was accepted accordingly. Rai Ashraf and others v. Muhammad Saleem Bhatti PLD 2010 SC 691 ref. JUDGMENT SH. AZMAT SAEED, JUSTICE:---.--- This order shall dispose of Writ Petition No. 11577 of 2009 filed by petitioner to call in question the validity of an order dated 6-6-2009 whereby respondent No. 1 in purported exercise of powers conferred under sections 22-A and 22-B, Cr.P.C. as Ex-Officio Justice of Peace, Lahore directed S.H.O. Police Station Manawan Lahore to record the information on the statement/ application of the complainant and then to proceed according to law and the copy of the order be sent to the S.H.O. 2. Brief facts necessary for the adjudication of the lis at hand are that apparently respondent No. 4 filed an application in terms of sections 22-A and 22-B, Cr.P.C. before respondent No. 1 Ex-Officio Justice of Peace Lahore, alleging therein that in 2004, he had entered into an agreement to sell with the pro forma respondents and substantial amount of money had been paid to…

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