Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Lahore High Court on 2023-09-04, officially reported as 2024 MLD 1780. In this matter between Mst. Safia Bibi and Ex-Officio Justice of Peace/ASJ, Narowal and 3 others, 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.

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Malik Shahzad Ahmad Khan Title: Mst. Safia Bibi vs Ex-Officio Justice of Peace/ASJ, Narowal and 3 others Case No.: Writ Petition No. 7049 of 2023 Date of Judgment:2023-09-04 Reported As: 2024 MLD 1780 Result: Petition allowed

Judgment

JUDGM ENT M ALIK SHAHZAD AHM AD KHAN, J. This constitutional petition has been filed against the impugned order date 26.01.2023, passed by the learned ex-Officio Justice of Peace, Narowal, whereby on the application under section 22-A Cr.P.C, filed by respondent No.4, the concerned SHO was ordered to record cross-version of Mst. Shamim Bibi (respondent No.4), and proceed further strictly, in accordance with the law. 2. Arguments heard. Record perused. 3. As per brief facts of the present case, Mst. Shamim Bibi (respondent No.4), moved an application before the District Police Officer, Narowal against Mst. Safia Bibi (petitioner) and others with the allegation that her (respondent No.4's) mother lodged FIR No.970/2022, offence under section 429 P.P.C., at Police Station Saddar Narowal against the petitioner and others with the allegation that they had administered poison to her dog and due to the above-mentioned grudge on 30.12.2022, the petitioner and her co-accused launched an attack on respondent No.4 and while trespassing into her house caused injuries on her body. I have noted that FIR No.970/2022, was lodged by Mst. Naziran Bibi (mother of Mst. Shamim Bibi respondent No.4), regarding the occurrence, which took place on 27.11.2022, at 5.00 p.m, during which her dog was statedly administered poison by the husband of Mst. Safia Bibi (petitioner) namely Muhammad Akram and others. Mst. Shamim Bibi (respondent No.4), moved an application for registration of FIR regarding the occurrence which took place on a date, which has not been mentioned in the said application. However, the above- referred application for registration of FIR was moved by Mst. Shamim Bibi (respondent No.4), before the District Police Officer, Narowal on 07.01.2023 however, her medico legal examination was

---

## Page 2

conducted on 30.12.2022 at 8.20 p.m. In the medico legal report of Mst. Shamim Bibi (respondent No.4), the concerned Medical Officer has mentioned the duration of injures within five hours, which means that the occurrence alleged by respondent No.4, took place on 30.12.2022 around 3.00/4.00 p.m, whereas the earlier FIR No.970/2022, was lodged regarding the occurrence, which took place on 27.11.2022 at 5.00 p.m, i.e., four days prior to the occurrence alleged by Mst. Shamim Bibi (respondent No.4), in her application for registration of FIR in the instant case. Under the circumstances there was no occasion for recording of cross-version of the abovementioned Mst. Shamim Bibi (respondent No.4), as observed in impugned order dated 26.01.2023, of the learned ex-Officio Justice of Peace, Narowal. Even otherwise, Mst. Shamim Bibi (respondent Ko.4), herself was a member of the complainant party of the above-referred FIR No.970/2022, therefore, order regarding recording of cross-version of a member of the complainant party of the said FIR, is not understandable. Learned counsel for respondent No.4, has however, submitted that if order regarding recording of cross-version has wrongly been passed even then this Court can pass an order for registration of FIR, as cognizable offences are made out in this case against the petitioner and other proposed accused. In this respect, perusal of the medico legal report of Mst. Shamim Bibi (respondent No.4), shows that her injuries were declared by the concerned Medical Officer as Shajjah-i-Khafifah and Gayr Jaifah Damiyah punishable under sections 337A(i)/337F(i) P.P.C. The abovementioned offences are non-cognizable, therefore, on the basis of medico legal report of respondent No.4, an order for registration of FIR cannot be passed. Although learned counsel for respondent No.4, has argued that a cognizable offence under section 452 P.P.C., was made out in this case against the petitioner and her other co-accused because they trespassed into the house of the abovementioned respondent, which argument has been controverted by learned counsel for the petitioner on the ground that in order to make it a case of cognizable offence, the story regarding house tres pass has been concocted by Mst. Shamim Bibi (respondent No.4). I have noted that in its comments furnished by the police before the learned ex-officio Justice of Peace, Narowal it was categorically mentioned that as per medico legal report of Mst. Shamim Bibi (respondent No.4), her injuries were insignificant, whereas the other allegations levelled by respondent No.4, were not found to be correct. Under the circumstances, there is no justification to pass an order for registration of FIR against Mst. Safia Bibi (petitioner) and others as no cognizable offence is prima facie made out in this case. 4. It is, however, observed that Mst. Shamim Bibi (respondent No.4), may avail the alternate remedy of filing a private complaint. 5. Keeping in view all the aforementioned facts, this petition is allowed and impugned order dated 26.01.2023, passed by the learned ex-Officio Justice of Peace, Narowal is hereby set-aside. Resultantly petition under section 22-A of Cr.P.C, filed by Mst. Shamim Bibi (respondent No.4), for registration of FIR against the petitioner and others stands dismissed.

Related Legal Research & Directories

• Browse all judgments from Lahore High Court
• Browse Pakistani court decisions from the year 2023
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant