Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)- ----Ss. 22-A & 22-B--Prevention of Gambling Act, 1978, S. 6--Constitution of Pakistan, 1973, Art. 199--Justice of the Peace--Forcible entry of the police contingent was violation of the fundamental right of a citizen. In the event of a negative report by the police, ex-officio Justice of the Peace was bound to decline the prayer for registration of a case was totally without substance--Ex-Officio Justice of Peace was required to refuse registration of a case only if the police report disclosed justifiable reasons for not registering a case--There was no absolute embargo against the power of Ex-Officio Justice of the Peace that in all circumstances in the event of a negative report of police he could not order registration of a case--Petition dismissed. Order Irfan-ul-Haq, Inspector/SHO Police Station Saddar Sialkot, Rana Nadeem Tariq Inspector, Police Lines Sialkot and Raja Jameel Ahmed Inspector/incharge, Elite Force, Sialkot, have filed this Constitutional petition, challenging the order dated 22.03.2006, whereby the learned Additional Sessions Judge/Ex-Officio Justice of the Peace Sialkot who was seized of an application filed by Iftikhar Hussain son of Muhammad Akram (Respondent No. 1) under Section 22-A, 22-B Cr.P.C., had ordered registration of a criminal case against the petitioners. The background leading to the filing of instant writ petition is that FIR No. 48/2006 dated 28.01.2006 was registered at Police Station Civil Lines, Sialkot for offence under Section 6 of the Prevention of Gambling Act, 1978 against Iftikhar Hussain son of Muhammad Akram (Respondent No. 1) on the complaint of Munawar Khan S.I/SHO Police Station Civil Lines Sialkot. The allegation in the FIR was that SHO with some police officials were on patrol duty and had reached Warraich street when he was informed that gambling was going on in the house of Iftikhar Hussain alias Khari son of Muhammad Akram caste Rajput resident of Christian Town. The said Iftikhar and Asad Butt son of Qasir Mehmood caste Kashmiri were found gambling while sitting on a carpet. They were arrested and an amount of Rs. 1,39,600/- was recovered as stake money. 2.…

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