Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Justice of Peace--Report qua cognizable offence--Validity--No report was necessary for passing order on the application u/S. 22-A, Cr.P.C. by Justice of Peace, if contents of application disclose commission of a cognizable offence but if the report is called from SHO before issuance of direction on the application, the same may be taken into consideration by Justice of Peace--Such direction could not be passed mechanically and without examining facts of the case especially in the case of criminal have been registered against alleged abductee. Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 22-A--Constitutional petition--Justice of Peace--Order passed by Justice of Peace was challenged--Availed alternate remedy of filing private complaint--Adequate and efficacious relief--Registration of criminal case--If High Court through constitutional jurisdiction issues a direction for registration of criminal case the same can cause humiliation for opponent party--So direction on such application will amount to abuse of process of law which shall cause illegal harassment under the legal cover because when a criminal case is registered against a citizen he is put into terror of being interrogated truthlessly, who also might be called to police station by an unscrupulous police officer--No direction for registration of case should have issued by High Court in its constitutional jurisdiction can initiate criminal proceedings by filing a private complainant as observed by Justice of Peace which is also an adequate and efficacious relief to petitioner--Petition was dismissed. THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, JUSTICE---.--- Petitioner has challenged order dated 16.4.2009 passed by Justice of Peace, Sahiwal through which he declined to issue direction for registration of criminal case on the application of the petitioner and advised her to avail alternate remedy of filing private complaint. 2. Learned counsel for the petitioner contends that petitioner filed an application before Respondents No. 2…

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