Case Details

Citation(s)
2010 SLG 2887 = 2010 SLD 2887 = 2010 MLD 338
Lahore High Court
Intra-Court Appeal No. 87 of 2009, decided on 8th July, 2009.
Nasim Sikandar and Syed Zulifiqar Ali Bokhari, JJ

GUL MUHAMMAD and others---Appellants

VERSUS

STATION HOUSE OFFICER and Others-Respondents

Law:

Section:

This Intra-Court Appeal has been directed against the order dated 4-5-2009 passed by a learned Judge in Chamber in Writ Petition No. 3219 of 2009.   It is contended that respondent No.2/writ petition was not aggrieved person as the constitutional petition was filed to assail order dated 25-4-2009 passed by Justice of Peace on the application of Zia-ur-Rehman respondent No.3 under section 22-A, Cr.P.C. for registration of criminal case. It is submitted that respondent No.2 was neither petitioner nor respondent in above said application. The Justice of Peace after calling report from S.H.O. dismissed that application finding the same false and frivolous. The S.H.O. also submitted report under section 157(2), Cr.P.C. about the occurrence. Further contends that writ petition under Article 199 of the Constitution of Pakistan can only be filed by an aggrieved person S against some order through which a legal right of a person is infringed. Respondent No.2 filed constitutional petition without exhausting remedies before S.H.O. and then before Justice of Peace through application under section 22-A, Cr.P.C. and she directly approached this Court and assailed order, dated 25-4-2009 passed by Justice of Peace on the application of Zia-urRehman Respondent No.3.   On the other hand learned counsel appearing on behalf of respondent No.2 submits that this ICA has become infructuous as the order, dated 4-5-2009 passed by learned Judge in Chamber of this Court has been implemented by registration of criminal case vide F.I.R. No. 145 of 2009, dated 4-6-2009 under sections 365/149/148, P.P.C. Police Station Saddar Mailsi District Vehari.   Learned counsel for the appellant submits in reply to the submission of the counsel for respondent No.2 that since the writ petition filed by respondent No.2 was incompetent so registration of case on the…
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