2012 PLP 1150 (MLD)
SAFDAR HUSSAIN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and 2 others — Respondents
| Citation | 2012 PLP 1150 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SAFDAR HUSSAIN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1150 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1150 (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: 2012 PLP 1150 (MLD) (SAFDAR HUSSAIN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shoaib Khokhar for Petitioner.
- Wali Muhammad Khan, Assistant Advocate-General Punjab on court's call.
Headnotes / Summary
Ss. 22-A & 22-B
Constitution of Pakistan, Art.199
Constitutional petition
Scope
Petitioner had challenged the legality of order passed by Ex-officio Justice of Peace whereby S.H.O. concerned was directed to record the statement of the applicant to proceed in accordance with law, if any cognizable offence was made out
Duty of S.H.O. was not to determine, whether any cognizable case was made out or not, but it was the duty of Justice of Peace to look into the contents of the application filed under Ss.22-A and 22-B, Cr.P.C.; and if he found that any cognizable case was made out then he should issue clear direction to the S.H.O. concerned for registration of the case
Order of Justice of Peace, was set aside, with direction to redecide the application; and if from the contents of the application any cognizable case was made out, he should issue direction to S.H.O. for registration of the case.
Judgment & Decree
SYED MUHAMMAD KAZIM RAZA SHAMSI, J.
Through this Constitution petition, the petitioner has challenged the legality of an order dated 27-3-2012, passed by the learned Additional Sessions Judge/ Ex-Officio Justice of Peace, Lahore whereby S.H.O. concerned was directed to record the statement of respondent No.3 and to proceed in accordance with law, if any cognizable offence is made out from the contents of the application of the said respondent.
2. Abid Saleem, respondent No.3, by filing application under sections 22-A/B, Cr.P.C. secured the above said order against the petitioner.
3. This direction of the learned Justice of Peace appears to be illegal in view of the judgments of this Court reported as "Muhammad Musthaq v. Additional Sessions Judge, Lahore and others" (2008 YLR 2301) and "Rana Inamullah Khan v. S.H.O. and others" (2007 YLR 2406). It is not the duty of the S.H.O. to determine whether any cognizable case is made out or not, rather it is the duty of the learned Justice Peace to look into the contents of the application and if he finds that any cognizable case is made out then he should issue clear direction to the S.H.O. concerned for registration of the case.
4. In view of the above, the order of learned Justice of Peace is set aside and he is directed to re-decide the application of the respondent and if from the contents of the application any cognizable case is made out, he should issue direction to the S.H.O. concerned for registration of the case. The petition is disposed of accordingly. H.B.T./S-54/L Order accordingly.