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2025 YLR 2815

Jamshed VS Ex-Officio Justice of Peace

Petitioner: Jamshed VS Respondent: Ex-Officio Justice of PeaceHonorable Justice Abher Gul KhanMian Abdul Qaddous,Rana Ghulam Sarwar

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

2025 Y L R 2815 [Lahore] Before Abher Gul Khan, J Jamshed---Petitioner Versus Ex-Officio Justice of Peace and others---Respondents Writ Petition No. 47279 of 2024, decided on 3rd June, 2025. Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Prevention of Corruption Act (II of 1947), S. 5---Illegal gratification---Ex-officio Justice of Peace, powers of---Scope---Petitioner assailed the order passed by Justice of Peace whereby the petitioner had been declined the request for issuance of direction for registration of FIR---Validity---Perusal of the record revealed that petitioner although filed a complaint for registration of FIR against the proposed accused as well as petition under S.22-A/B,Cr.P.C., but he had miserably failed to mention the date, time, place and name of witnesses in whose presence Rs.5,63,000/- were given as bribe to Police Official/ proposed accused---Not only on the asking of the petitioner the proposed accused took oath in front of the Court but inspite of departmental action he was only declared guilty of misconduct and the allegation of bribe, given to him was not proved---In the given circumstances, the Ex-Officio Justice of Peace had rightly thrashed out the material available on record and dismissed the application of petitioner, which did not require any interference from the igh Court, hence, resultantly instant petition being devoid of force was dismissed.

Mian Abdul Qaddous for Petitioner. Muhammad Nasir Chohan, Additional Advocate General with Tahir ASI for the State. Rana Ghulam Sarwar for Respondent No. 5. Order Abher Gul Khan, J.---The petitioner called in question the legality of order dated 23.07.2024 passed by Ex-Officio Justice of Peace Sheikhupura, who dismissed the application of petitioner under section 22-A/B Cr.P.C. for registration of criminal case against the proposed accused. 2. Arguments heard. Record perused. 3. Perusal of the record reveals that petitioner although filed a complaint for registration of FIR against the proposed accused as well as petition under section 22-A/B Cr.P.C. but he has miserably failed to mention the date, time, place and name of witnesses in whose presence Rs. 5,63,000/- were given as bribe to Tahir Majeed ASI. Not only on the asking of the petitioner the proposed accused Tahir Majeed ASI took oath in front of the court but inspite of departmental action he was only declared guilty of misconduct and the allegation of bribe, given to him was not proved. In the given circumstances, the Ex-Officio Justice of Peace has rightly thrashed out the material available on record and dismissed the application of petitioner, which does not require any interference from this Court, hence, resultantly instant petition being devoid of force is dismissed. JK/J-7/L Petition dismissed.

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