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Official Citation: 2025 IHC 203610
Court / Jurisdiction: Islamabad High Court
Parties: Wasiq Saleem vs AD&SJ West Islamabad etc
Ruling Summary: This decision was rendered by the Islamabad High Court, officially reported as 2025 IHC 203610. In this matter between Wasiq Saleem and AD&SJ West Islamabad etc, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Islamabad High Court (Honourable Mr. Justice Muhammad Azam Khan) AUTHOR JUDGE: Honourable Mr. Justice Muhammad Azam Khan DECISION DATE: 17-FEB-2025 CASE NO: Writ Petition-400-2025 CITATION: 2025 IHC 203610 PARTIES: Wasiq Saleem VS AD&SJ West Islamabad etc LAW / SECTION: - SUBJECT: Police/FIA Matter, Registeration of Criminal Case REMARKS: Against dismissal of application U/s22A by Justice of Peace ============================================================ JUDGMENT SHEET.
IN THE ISLAMABAD HIGH COURT, ISLAMABAD.
WRIT PETITION NO. 400/2025 WASIQ SALEEM Vs ADDITIONAL DISTRICT & SESSION JUDGE (WEST)/ EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD ETC
Petitioner by : Malik Fayyaz Hussain Khokhar Advocate for the Petitioner.
Respondents by : Mr. Muhammad Taimoor Janjua, State Counsel. Zaheer Ahmed SI, P.S Ramna.
Date of hearing : 17.02.2025
MUHAMMAD AZAM KHAN, J. 1. The Petitioner has filed the instant Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan against the Order dated 09.10.2024 (“Impugned Order”) passed by the learned Additional Sessions Judge-VI/Ex-Officio Justice of Peace, Islamabad (West) (“Justice of Peace”) whereby the petition under Section 22-A & 22-B of the Code of Criminal Procedure, 1898 (“Cr.P.C”) filed by the Petitioner has been dismissed. 2. The brief facts giving rise to the filing of instant Writ Petition are that the Petitioner purchased three, single bed Flats Nos. 312-A, 312-B and 313-A (“Flats”) in project namely Narran Golden Heights situated at Jheel Road in Narran from the Respondent No.4 [Ibrahim Khan], against total sale consideration of Rs.18,000,000/- and agreements Nos. 2693, 2694 and 2695 were executed between the Petitioner and the Respondent No.4. The Petitioner paid Rs. 6,000,000/- as advance and Rs. 900,000/- in installments to the Respondent No. 4 and possession of said Flats were to be handed over to the Petitioner within three years from signing date of the Sale Agreements. Later on, it came to the knowledge of the Petitioner that there is no project of the Respondent No. 4. The Petitioner submitted an application to the Kaghan Development Authority (KDA), Mansehra, KPK for confirmation of the project of the Respondent No. 4 and it was confirmed by KDA that neither the Authority approved any above-named project nor such project exists at Jheel Road, Narran. On 19.05.2024, the Petitioner submitted application to the Respondent No. 3 [Station House Officer, Police Station Ramna, Islamabad] for registration of FIR against the Respondent No.4 who referred the matter to the Respondent No. 2 [Superintendent of Police, Complaint Cell, Islamabad] but no legal action was taken against the Respondent No. 4. Thereafter, on 02.09.2024, the Petitioner filed Petition under Section 22-A(6), Cr.P.C before the Justice of Peace who after P a g e | 2 W.P No.400/ 2025 perusing the comments filed by the Respondents No. 2, dismissed the petition vide the Impugned Order. 3. The learned counsel appearing on behalf of the Petitioner argued that the Impugned Order is against the law and facts and same is liable to be set-aside; that the learned Justice of Peace relied upon the comments filed by the Respondent No. 2 and failed to appreciate the merits of the case; that the Impugned Order is passed in a hurried and hasty manner which is not sustainable in the eye of law; that the Impugned Order has been passed by the learned Justice of Peace illegally and with material irregularity as held by the apex forum, the case should be decided on merits rather being going into technicalities; that the instant Writ Petition may kindly be accepted, the Impugned Order may kindly be set-aside and the Respondents Nos. 2 & 3 be directed to lodge FIR against the Respondent No.4. 4. The learned State Counsel vehemently opposed the arguments raised by the learned counsel for the Petitioner and supported the Impugned Order. 5. Arguments heard and available record perused. 6. The Petitioner filed petition under Sections 22-A & 22-B, Cr.P.C before the learned Justice of Peace, who dismissed the petition on the ground that the incident took place at Jheel Road Narran, District Mansehra, KPK. The Petitioner has annexed an agreement which was entered into between Ibrahim Khan son of Munawar resident of New Afzal Town Chaklala House No. 334, Rawalpindi and between Wasiq Saleem son of Muhammad Saleem resident of House No.45, Street No.31, Sector G-6/1-3, Islamabad (Petitioner) on 09.01.2020 at Islamabad. The said Stamp Paper was also issued by Rana Rafaqat Ali, Stamp Vendor holding license No.259, G-11, Islamabad with serial No.2695 dated 09.01.2020. Although the property is located in Narran Valley, District Mansehra, KPK, the Sale Agreement was executed in Islamabad. Furthermore, based on the contents of the application submitted to the Respondent No. 3/S.H.O Police Station Ramna, Islamabad a cognizable offence seems to have been committed by the Respondent No. 4. The learned Justice of Peace has wrongly assumed that the incident took place at Jheel Road Narran, District Mansehra, KPK, hence, in the circumstances, instant Writ Petition is accepted and the Impugned Order is set aside. The Respondent No. 3 is directed to record the version of the Petitioner forthwith.
(MUHAMMAD AZAM KHAN) JUDGE Sajid/--