2015 PLP 1892 (YLR)
KALLO PEHLWAAN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE, LAHORE and 2 others — Respondents
| Citation | 2015 PLP 1892 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Abdul Sami Khan, J |
| Parties | KALLO PEHLWAAN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE, LAHORE and 2 others — Respondents |
| Primary Law | Illegal Dispossession Act (XI of 2005) |
Q1: What are the key laws and sections cited in 2015 PLP 1892 (YLR)?
This judgment primarily cites: Illegal Dispossession Act (XI of 2005) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 1892 (YLR)?
The case was heard and decided by the Lahore bench comprising: Abdul Sami Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 1892 (YLR) (KALLO PEHLWAAN — Petitioner Versus EX-OFFICIO JUSTICE OF PEACE, LAHORE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Hussain for Petitioner.
- Sittar Sahil, Assistant Advocate General for Respondents Nos. 1 and 2.
- Shoaib Khokhar for Respondent No.3.
Headnotes / Summary
Ss. 3, 4 & 5
Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B
Constitution of Pakistan, Art. 199
Constitutional petition
Petitioner had challenged the validity of order passed by Ex-officio Justice of Peace through which S.H.O. concerned was directed to record the version of respondent and proceed into the matter in accordance with law
Application of respondent against the petitioner for registration of criminal case, contained serious allegations of forcibly entering into the house belonging to the late brother of respondent after having armed themselves with firearms, extending threat of life to respondent on gun-point
Thorough probe into the matter, was required, in circumstances
When information regarding commission of a cognizable offence, was supplied to the Police Officer, he was duty bound to register case against the culprits, who had perpetrated the offence
Civil and criminal proceedings, could run simultaneously
Petitioner, was at liberty to establish his stance, at on appropriate stage of investigation by producing oral as well as documentary evidence in his favour constitutional petition was dismissed accordingly. PLD 2007 SC 539 ref.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the validity of order dated 30-3-2015 passed by learned Ex-officio Justice of Peace, Lahore through which he has directed the Station House Officer of Police Station, Sabzazaar Lahore to record the version of respondent No.3 and proceed into the matter in accordance with law.
2. After hearing the learned counsel for the parties and going through the impugned order dated 30-3-2015 it has been noticed by this Court the application filed by respondent No.3 against the petitioner for registration of criminal case contains serious allegation of forcibly entering into the house belonging to the late brother of respondent No.3 after having armed themselves with firearms, extended threats of life to the tenant on gun-point and also pointed firearm on the family of tenant, therefore, thorough probe into the matter is required. Even otherwise law is also settled on the point that when information regarding commission of a cognizable offence is supplied to the police officer, he is duty bound to register criminal case against the culprits who have perpetrated the offence. So taking guidance from the law laid down in renounced verdict of the Hon'ble Supreme Court passed in a case reported as PLD 2007 SC 539 this petition is, therefore, dismissed. It is settled law that civil and criminal proceedings can run simultaneously. However, the petitioner is at liberty to establish his stance, if any at an appropriate stage of investigation by producing oral as well as documentary evidence in his favour. HBT/K-18/L Petition dismissed.