| Citation(s) |
|---|
| 2010 SLG 2539 = 2010 SLD 2539 = 2010 YLR 1598 |
Lahore High Court
Writ Petition No.7112 of 2009, decided on 11th June, 2009.
Presented By: Hasnat Ahmad Khan, J
Writ Petition No.7112 of 2009, decided on 11th June, 2009.
Presented By: Hasnat Ahmad Khan, J
Ghazi KHALID HUSSAIN FAKHAR--- Petitioner
VERSUS
STATION HOUSE OFFICER, POLICE STATION TIRKHANWALA and 2 others---Respondents
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss.22-A & 22-B---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of order---Order passed by Ex-officio Justice of Peace, whereby application filed by the petitioner under Ss.22-A & 22-B, Cr.P.C. was dismissed, and petitioner was burdened with costs, had been challenged by the petitioner---Validity---Sessions Judge/Additional Sessions Judges while performing their duties as Ex-officio Justice of Peace, would not perform their duties as court, rather they perform their duties on administrative side---Ex-officio Justice of Peace was not empowered to impose fine/cost upon the petitioner while rejecting his application under S.22-A, Cr.P.C.---Order passed by the Ex-officio Justice of Peace to the extent of burdening the petitioner with costs, while dismissing his application filed under S.22-A, Cr.P.C. was set aside and quashed. Amanat Masih v. Additional Sessions Judge, Kasur and 4 others PLD 2007 Lah. 53; Syed Iqbal Hussain v. District Police Officer, Hafizabad and 5 others 2004 PCr.LJ 256; Muhammad Asif v. The State and 4 others PLD 2008 Lah. 222 and Kehar Khan v. Additional Sessions Judge and Ex. Officio Justice of Peace, Kotri and 3 others 2009 PCr.LJ 634 rel. Naseemullah Khan Niazi for Petitioner. Imtiaz Hussain Baloch for Respondents Nos.2 and 3. Shaukat, Sub-Inspector. Date of hearing: 11th June, 2009. JUDGMENT HASNAT AHMAD KHAN, J.--Through this writ petition order dated 4-4-2009 passed by a learned Additional Sessions Judge, Sargodha, with powers of Ex-Officio Justice of Peace, whereby the application filed by the petitioner under sections 22-A and 22-B, Cr.P.C. was dismissed with costs, has been challenged. 2. On the first date of hearing this petition qua dismissal of petitioner's application for registration of case by the said Ex-Officio Justice of Peace was dismissed in limine. However, pre-admission notice was issued to respondents Nos.2 and 3 to hear them on the question of imposition of costs by the learned Ex. Officio Justice of Peace while dismiss-sing the application under sections 22-A, 22-B, Cr.P.C. filed by the petitioner. 3. After hearing the said…