Law: Code of Criminal Procedure, 1898

Section: V,22A,22B,156(3),200

Law: Code Of Civil Procedure, 1908.

Section: 12(2)

(a)    Criminal Procedure Code (V of 1898)-------Ss. 22-A & 22-B---Ex-officio Justice of Peace, powers of---Adequate remedy--Scope---Petitioner assailed the order passed by Justice of Peace whereby he had declined the request for issuance of direction for registration of FIR---Validity---If the FIR was refused to be registered by the police then other remedies were available for the aggrieved party; firstly, by approaching the Sessions Judge/ExOfficio Justice of Peace, for exercising of power under S. 22-A(6), Cr.P.C; secondly, by approaching the Magistrate for exercising of power under S. 156(3), Cr.P.C; and lastly, by filing a direct complaint under S. 200, Cr.P.C.---Allegedly, the petitioner in the first instance approached the concerned SHO for registration of the FIR but he was refused, thereafter the petitioner had availed the second remedy of filing application under Ss. 22-A & 22-B, Cr.P.C. before Ex-Officio Justice of Peace/Sessions Judge, where his application was dismissed---Petitioner had not availed two other remedies available for him for redressal of his grievance---In such circumstances, invoking of writ jurisdiction in the presence of adequate remedy being available was not desirement of law---In the case in hand, alleged forged agreement to sell was used by the proposed accused in a civil suit for specific performance of agreement to sell, which was admittedly decreed, against which application under S. 12(2), C.P.C. of the petitioner was pending but the operation of the judgment and decree had not been suspended---Moreover, Criminal Court was barred to take cognizable of the matter relating to civil agreement which was already under challenge before the civil Court---Petition was dismissed in limine.Jamal Khan v. Secretary Home Department 2021 SCMR 468; Ghulam Ali alias Sadoro and others v. S.H.O., Police Station Veehar, District Larkana and others 2003 YLR 2168 and Muhammad Shafi v. Deputy Superintendent of Police and others PLD 1992 Lah. 178 rel.(b)    Administration of justice-------Civil and criminal proceedings---Same subject---Stay of criminal proceedings--Principles---Where the ultimate…