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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD JAMSHAID VS Respondent: EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE and 2 otherss
Court Name: Lahore High Court Judge(s): Syed Muhammad Kazim Raza Shamsi Title:MUHAMMAD JAMSHAID vs EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL
DISTRICT AND SESSIONS JUDGE, LAHORE and 2 otherss Case No.: Writ Petition No,9812 of 2013 Date of Judgment:2014-02-13 Reported As: 2014 YLR 2570 Result: Petition accepted Judgment ORDER ' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Pervaiz Akhtar respondent No,3 has secured a direction from learned Justice of Peace, Lahore for the registration of the case against the petitioner on various grounds in which case, the police had reported that the occurrence alleged in the application filed by respondent No,3 under section 22-A Cr.P.C. Had not taken place but despite that the learned Justice of Peace vide order dated 7-3-2013 issued direction to the petitioner to make statement before the S.H.O. Of the police station. This order is the subject-matter of the instant petition. 2. After having heard the learned counsel for the parties and perusing the record it is found that first Justice of Peace, does not disclose the commission of any cognizable offence against the petitioner and same was the position after the issuance of direction by the learned Justice of Peace that no such occurrence had even taken place. The learned Justice of Peace while passing the impugned order has not examined the police report. Now the situation is the same that in opinion of the police, the occurrence as reported in the application of respondent No,3 has never taken place and application of respondent was consigned. In view of these circumstances, keeping the order of learned Justice of Peace in field would amount the misuse of process of law. 3. In this view of the matter, the petition in hand is accepted and the order passed by the learned Justice of Peace dated 7-3-2013 is set aside resulting into the dismissal of the application filed by respondent No,3 under section 22-A, Cr.P.C.