PCRLJ 2007

2007 P Cr (PLP)

IMTIAZ AHMED WARRIACH, RESIDENT OFFICER, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN — Petitioner Versus JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN and 3 others — Respondents

Jurisdiction / Court
Lahore
Decided Date
2007-March-6
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2007 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties IMTIAZ AHMED WARRIACH, RESIDENT OFFICER, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN — Petitioner Versus JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN and 3 others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 P Cr (PLP)?

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: 2007 P Cr (PLP) (IMTIAZ AHMED WARRIACH, RESIDENT OFFICER, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN — Petitioner Versus JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Malik Muhammad Rafique Rajwana for Petitioner.

Headnotes / Summary

S. 22-A

Constitution of Pakistan (1973), Art.199

Constitutional petition

Quashing of order

Petitioner had sought quashing of order passed by Justice of Peace under S.22-A, Cr.P.C. on an application moved by respondent directing him to approach S.H.O. who would record petitioner's statement and further proceed in accordance with law

Grievance of petitioner was that said direction/order of Justice of Peace in fact amounted to directing him for the registration of case, whereas in the light of comments/report submitted by S.H.O., neither cognizable offence was made out nor such direction could have been issued by Justice of Peace without any material on record

Validity

Impugned direction/order of Justice of Peace had only directed respondent to approach S.H.O. who would record his statement and proceed in accordance with law

Such direction, neither impliedly nor expressly could be taken as a direction for registration of case in all circumstances

Petition being not maintainable was disposed of as such.

Judgment & Decree

MUHAMMAD JEHANGIR ARSHAD, J.

The petitioner seeks quashment of order, dated 3-2-2007 passed by the learned Additional Sessions Judge, Multan exercising his jurisdiction as Justice of Peace under section 22-A, Cr.P.C. on an application moved by Shahzad Ahmad respondent No.3 directing him to approach S.H.O. who shall record petitioner's statement and further proceed in accordance with law.

2. The grievance of the petitioner is that the said direction of the learned Additional Sessions Judge/Justice of Peace in fact amounts to directing him for the registration of case whereas in the light of the comments/report submitted by the S.H.O. neither the cognizable offence is made out nor such direction could have been issued by the learned Additional Sessions Judge without any material on the record. To support his contention learned counsel for the petitioner has placed reliance on 2003 MLD 714.

3. The impugned order of learned Additional Sessions Judge dated 3-2-2007 has been perused. It only directs respondent No.3 to approach the S.H.O. who will record his statement and proceed in accordance with law and such direction neither impliedly nor expressly can be taken as a direction for registration of case in all circumstances. This petition, therefore, is not maintainable and is disposed of as such. H.B.T./I-24/L Petition dismissed.