2013 PLP 264 (MLD)
MUHAMMAD ILYAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE, CHUNIAN, DISTRICT KASUR and 7 others — Respondents
| Citation | 2013 PLP 264 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ILYAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE, CHUNIAN, DISTRICT KASUR and 7 others — Respondents |
| Primary Law | (b) Constitution of Pakistan, (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 264 (MLD)?
This judgment primarily cites: (b) Constitution of Pakistan, (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 264 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 264 (MLD) (MUHAMMAD ILYAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE, CHUNIAN, DISTRICT KASUR and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nawaz Ali Mayo for Petitioner.
- Sardar Dilshad Ahmad for Respondents Nos. 5 to 7.
Headnotes / Summary
Ss. 22-A, 22-B & 200
Constitution of Pakistan, Art 199
Scope
Registration of F.I.R., application for
Availability of alternate remedy of private complaint
Effect
Complainant (petitioner) had made an application before Ex-Officio Justice of Peace for registration of case against accused persons, but same was dismissed by Justice of Peace after obtaining report from the police
Contention of complainant was that cognizable offence was made out and Ex-Officio Justice of Peace had dismissed the application arbitrarily
Complainant could not controvert what had been stated in the police report
Impugned order of Ex-Officio Justice of Peace had not shut the doors for the complainant to initiate criminal proceedings by lodging a private complaint, which would provide an equally adequate remedy to the complainant and he could lead the entire evidence himself before the Trial Court
Under Art. 199 of the Constitution it was not obligatory for the High Court to issue writ in every case especially when an adequate remedy in the form of a private complaint was available to the complainant
Order of Ex-Officio Justice of Peace was in accordance with the law and complainant failed to point out any legal and factual infirmity in the same
Constitutional petition was dismissed , in circumstances.
Art 199
Scope
Availability of alternate remedy
Effect
Under Art. 199 of the Constitution it was not obligatory for the High Court to issue writ in every case especially when an adequate remedy in the form of a private complaint was available to the petitioner
Constitutional petition was dismissed, in circumstances.
Judgment & Decree
SYED IFTIKHAR HUSSAIN SHAH, J.
Through this constitutional petition, petitioner Muhammad Ilyas assailed the legality of order dated 26-5-2009 passed by the learned Additional Sessions Judge/Ex-officio Justice of Peace Chunian whereby application under sections 22-A and 22-B, Cr.P.C. for the registration of case against respondents Nos.5 to 7 was dismissed.
2. The petitioner made a petition before the learned Ex-Officio Justice of Peace to the effect that respondents Nos.5 to 7 committed the theft of the buffaloes and cows belonging to the petitioner. Learned Justice of Peace, after obtaining report from the police, dismissed the application.
3. Learned counsel for the petitioner has contended that a cognizable offence was made out but even then the learned Ex-Officio Justice of Peace dismissed the application of the petitioner arbitrarily.
4. On the other hand learned A.A.G. has contended that the cattle were given to respondents Nos.5 to 7 by the petitioner himself, therefore, no theft was committed; that the learned Ex-Officio Justice of Peace has rightly dismissed the application of the petitioner and that the petitioner has got an alternate remedy by filing private complaint, therefore, this petition is not maintainable in view of case reported as "PLD 2010 SC 699".
5. Arguments heard. Record perused.
6. According to the learned counsel for the petitioner, cognizable offence was made out, but learned Ex-Officio Justice of Peace has failed to exercise his jurisdiction in favour of the petitioner by issuing a direction for registration of case against the delinquent.
7. The petitioner could not point out any legal and factual infirmity in the impugned order and also could not controvert what has been stated in the police report and para wise comments furnishing by the police. There is nothing on record that the learned Ex-Officio Justice of Peace has improperly exercised discretion vested in him and impugned order has not shut the door of the petitioner to initiate the criminal proceedings by lodging private complaint. The filing of private complaint can provide an equal adequate remedy to the petitioner and he can lead the entire evidence himself before the trial Court and his grievance can adequately be redressed. Considering the facts that respondent/S.H.O. who in his report and para wise comments has mentioned adverse to the petitioner's case, could not be expected to carry independent and impartial investigation in her case. Under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, it is not obligatory for the High Court to issue writ in each case especially when the adequate remedy in the form of private complaint being available to the petitioner. Reliance can be placed in case "Habibullah v. Political Assistant, Dera Ghazi Khan and others (2005 SCMR 951)" and "Rai Ashraf and others v. Muhammad Saleem Bhatti (PLD 2010 SC 691)" in this behalf. Resultantly the impugned order is in accordance with law and instant writ petition being devoid of any merits is hereby dismissed. MWA/M-71/L Constitutional petition dismissed.