2010 PLP 338 (MLD)

This Intra-Court Appeal has been directed against the order dated 4-5-2009 passed by a learned Judge in Chamber in Writ Petition No. 3219 of 2009.

2. It is contended that respondent No.2/writ petition was not aggrieved person as the constitutional petition was filed to assail order dated 25-4-2009 passed by Justice of Peace on the application of Zia-ur-Rehman respondent No.3 under section 22-A, Cr.P.C. for registration of criminal case. It is submitted that respondent No.2 was neither petitioner nor respondent in above said application. The Justice of Peace after calling report from S.H.O. dismissed that application finding the same false and frivolous. The S.H.O. also submitted report under section 157(2), Cr.P.C. about the occurrence. Further contends that writ petition under Article 199 of the Constitution of Pakistan can only be filed by an aggrieved person S against some order through which a legal right of a person is infringed. Respondent No.2 filed constitutional petition without exhausting remedies before S.H.O. and then before Justice of Peace through application under section 22-A, Cr.P.C. and she directly approached this Court and assailed order, dated 25-4-2009 passed by Justice of Peace on the application of Zia-ur-Rehman Respondent No.3.

3. On the other hand learned counsel appearing on behalf of respondent No.2 submits that this ICA has become infructuous as the order, dated 4-5-2009 passed by learned Judge in Chamber of this Court has been implemented by registration of criminal case vide F.I.R. No. 145 of 2009, dated 4-6-2009 under sections 365/149/148, P.P.C. Police Station Saddar Mailsi District Vehari.

4. Learned counsel for the appellant submits in reply to the submission of the counsel for respondent No.2 that since the writ petition filed by respondent No.2 was incompetent so registration of case on the basis of order passed on an incompetent writ petition is void ab initio. She submits that the order impugned in this appeal may be set aside in the interest of justice.

5. We have heard learned counsel for the parties and perused the record. Respondent No.2 was not an aggrieved person by order, dated 25-4-2009 passed by Justice of Peace. The person invoking the constitutional jurisdiction of High Court has to establish the existence of a legal right and such legal right must be so clear so as not to admit reasonable doubt or a controversy. Such legal right must be personal, individual, statutory as well as recognized by law. The same can be invoked by an aggrieved person and person can be said to be aggrieved only when he is denied a legal right by some one who has legal duty to perform relating to that right. In the absence of such right no order can be issued under Article 199 of the Constitution of Pakistan. In this case respondent No.2 neither approached S.H.O. nor filed application before Justice of Peace to get direction to S.H.O. for registration of case and no authority denied her legal or statutory right. The writ petition filed by respondent No.2 before this Court was not competent. Even otherwise S.H.O. is present with record submits that above said F.I.R. has been found false and frivolous and the same is being cancelled. For the reasons stated above this I.C.A. is allowed, order, dated 4-5-2009 passed Writ Petition No. 3219 of 2009 is set aside. H.B.T./G-120/L I.C.A. allowed.