' MUHAMMAD JEHANGIR ARSHAD, J.-The petitioner has called inquestion the order dated 6-9-2006 passed by Mr. Salah-ud-Din Siddiqui, learned Additional Sessions Judge, Kehror Pacca District Lodhran whereby the learned Additional Sessions Judge while exercising the powers of Justice of Peace not only dismissed the petitioner's application for registration of the case but also directed the police, to prosecute the petitioner for making the false allegations against the private respondents.
2. The facts, in brief, are that the petitioner moved an application before the learned Additional Sessions Judge in his jurisdiction as a Justice of Peace under section 22-A, Cr.P.C. Complaining that his son namely Sajawal was abducted by respondents Nos.3 to 7 on 28-8-2006 while on his way to the Court for appearing in criminal case and that he had a strong belief that his son was abducted and murdered by the said respondents, therefore, they are liable to be tried and for that matter S.H.O. Concerned be directed to register a criminal case against them. The learned Additional Sessions Judge after obtaining report, dismissed the application of the petitioner holding it as not maintainable and further directed Police Station Saddar Kehror Pacca to register a case against the petitioner Of levelling false allegations against the private respondents and then to investigate in accordance with law.
3 . Learned counsel for the petitioner submits that without any material on the record, the learned Additional Sessions Judge had no jurisdiction to hold the complaint of the petitioner as false, therefore, the impugned order is not based on any evidence. Further submits that as the learned Additional Sessions Judge while exercising the jurisdiction of Justice of Peace was not equipped with any judicial, power, therefore, he could not direct the registration of case against the petitioner and at the most he could direct the S.H.O. To proceed against the petitioner in. Accordance with law if the S.H.O. Feels so appropriate.
4. The learned Law Officer who has entered appearance on Court's call has nothing to defend the order of the learned Additional Sessions Judge. Even otherwise, the order passed by the learned Additional Sessions Judge is not based on any material, hence, he acted illegally and with material irregularity by holding the application of the petitioner as false. Even the report called for by the learned Additional Sessions Judge and submitted by the S.H.O. Does not indicate that the petitioner had made a false allegation against the respondents. Resultantly, this petition is allowed and the order dated 6-9-2006 passed by the learned Additional Sessions Judge is set aside being without lawful authority.