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Petitioner: Muhammad Irfan VS Respondent: Ex-Officio Justice Of Peace/Additional Sessions Judge, Gujranwala and 2 others
Court Name: Lahore High Court Judge(s): Sardar Ahmad Naeem Title:Muhammad Irfan vs Ex-Officio Justice Of Peace/Additional Sessions
Judge, Gujranwala and 2 others Case No.: W.P No. 2409 of 2016 Date of Judgment:2016-04-05 Reported As: PLJ 2020 Lahore 330 Result: Petition allowed Judgment ORDER An application moved by Respondent No. 3 under Sections 22-A, 22-B, Cr.P.C. was disposed of by the learned Ex- Offico Justice of Peace, Gujranwala with the direction to the S.H.O. to proceed under the law vide order dated 19.01.2016, being impugned before the Court. 2. It was argued that no cognizable offence was spelt out by the contents of the application but the learned Ex- Officio Justice of Peace failed to appreciate the facts and law in its true perspective. 3. Learned counsel for Respondent No. 3 maintained the validity of the impugned order . 4. Arguments heard. Record perused. 5. The contents of the application moved by Respondent No. 3 revealed that there was business relation between the parties. Learned Ex-Of ficio Justice of Peace obtained reply/report from the Illaqa Police which suggested that, in fact, it was a civil dispute between the parties and that it was basically a cheque given by way of guarantee. A similar report was filed by the S.H.O. before this Court. There is no cavil to the preposition that learned Ex-Of ficio Justice of Peace is not bound to call for report/comments from the police once the report is requisitioned, it should be considered and must not be ignored. In this regard, reliance is placed on "Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others" (PLD 2005 Lah 470). Learned Ex-Of ficio Justice of Peace neither considered the police I report nor applied the correct law, thus, the impugned order is liable to be set aside. 6. For the reasons mentioned above, the writ is issued and the impugned order dated 19.01.2016 is hereby set aside.