Dispute concerning possession of property

2013 YLR 624 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 22-A & 22-BConstitution of Pakistan, Art.199Constitutional petitionRegistration of F.I.R.Justice of Peace, powers ofScopeDispute concerning possession of property

Petitioner moved application under Ss. 22-A & 22-B Cr.P.C. for registration of F.I.R., but same was dismissed by the Justice of Peace

Contention of petitioner was that respondents were his tenants and on demand of rent, they entered his house and tortured his family, damaged household articles and committed theft; that respondents had filed a frivolous civil suit against him and obtained interim injunction by producing forged and fictitious Fard Malkiat, and that Justice of Peace had committed irregularity by refusing to give direction for registration of F.I.R. against respondents

Validity

Neither any specific incident regarding trespass, causing torture, mischief or theft was provided by the petitioner, nor he mentioned any specific date or time of occurrence in his application for registration of F.I.R.

General allegation that respondents resorted to said activities created reasonable doubt as to its correctness

Contention of petitioner that respondents got an injunction on the basis of forged and fictitious Fard Malkiat showed that alleged offence was committed in relation to the proceedings of the court, so the order for issuance of direction to register the case could have been passed by the court under S. 195(1)(c) of Cr.P.C.

Dispute concerning possession of property existed between the parties and Justice of Peace had correctly found that there was possibility of submission of application under Ss.22-A and 22-B, Cr.P.C. to put pressure on the respondents

Contention of petitioner that Justice of Peace was authorized only to pass an order for registration of the case and could not reject his request, was devoid of force as Justice of Peace not only had the authority to issue direction for registration of case but also to decline such a request, if it was proved that request was made with ulterior motives or without reasonable grounds

Petitioner had the remedy in form of private complaint regarding alleged commission of offences by respondents and could move an application before the concerned court regarding submission of forged Fard Malkiat

Justice of Peace was justified in refusing to issue the direction for registration of the case

Constitutional petition was dismissed accordingly.