| Citation(s) |
|---|
| 2026 SLG 2237 2026 SLD 2237 = 2026 PCRLJ 986 |
Lahore High Court
Writ Petition No. 32312 of 2025, decided on 27th May, 2025.
Presented By: Syed Shahbaz Ali Rizvi, J
Barrister Shehryar Kasuri for Petitioners.
Writ Petition No. 32312 of 2025, decided on 27th May, 2025.
Presented By: Syed Shahbaz Ali Rizvi, J
Barrister Shehryar Kasuri for Petitioners.
AZHAR FAZAL and others---Appellants
VERSUS
ADDITIONAL SESSIONS JUDGE and others---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 22A, 22B
Law: Penal Code (XLV of 1860)
Section: 342, 506
Law: Sugar Factories Control Act, 1950
Section: 13A, 21(b)
Criminal Procedure Code (V of 1898) Ss.22-A & 22-B--- Penal Code (XLV of 1860), Ss. 342 & 506--- Sugar Factories Control Act (XXII of 1950), Ss. 13-A & 21(b) [as amended by Sugar Factories (Control) (Amendment) Act(XV of 2021)]---Constitution of Pakistan, Art. 199---Constitutional petition---Non-payment of cane price, wrongful confinement and criminal intimidation---Report of Deputy Commissioner, absence of---Cane Commissioner---Jurisdiction---Liability of occupier of factory--- Petitioners were aggrieved of order passed by Ex-Officio Justice of Peace directing police to register case against petitioners after recording statement of respondent / complainant--- Validity---A formal report by any of the officers mentioned in S.21(b) of Sugar Factories Control Act, 1950 [as amended]to the police is required to make the reported act or offence cognizable and being so---First Information Report could not to be registered upon report of an individual as the provision had excluded everyone including the grower--- Comments received by Ex-officio Justice of Peace from Deputy Commissioner were not to be taken as a report in terms of S.21(b) of Sugar Factories Control Act, 1950 [as amended]--- Order passed by Ex-Officio Justice of Peace, to the extent of registration of case against petitioners under the provisions of Sugar Factories Control Act, 1950 [as amended], was set asideas the same was not maintainable--- High Court declined to interfere in the order passed by Ex-officio Justice of Peace to the extent of allegation of Ss.342 & 506 P.P.C., which offences were cognizable in nature--- High Court directed police to record statement of respondent / complainant and proceed in accordance with law--- Constitutional petition was dismissed accordingly. Order…