M.A. ZAFAR, J---In this petition Syed Shaheen Haider/ petitioner has called in question proceeding pending before the learned Additional Sessions Judge, Wazirabad, under sections 22-A and 22-B, Cr.P.C. Initiated by his mother Mst. Syeda Kaneez Kubra/respondent No.1 for registration of case against him. Petitioner's brother Syed Babar. Hussain is not party before the learned Addl. Sessions Judge/Ex-Officio Justice of Peace, he has been unnecessarily made a part in this writ petition as respondent No.2. The learned Additional Sessions Judge/Ex-Officio Justice of Peace, Wazirabad has passed an order on 4-4-2008 directing the S.H.O. Police Station Alipur Chattha, respondent No. 3, to submit report and reply on 16-4-2008. The case of the petitioner is that parties are locked in the civil litigation regarding the two documents i.e. Talaqnama and Tamleeqnama executed by late Syed Altaf Hussain Shah, predecessor-ininterest of the parties.
2. It is submitted by the learned counsel for the petitioner that a number of efforts were made regarding the registration of a criminal case by the other side against the petitioner, which culminated in the filing of Writ Petition No. 595 of 2008 by respondent No.2, which was dismissed on 1-3-2008 by this Court and even earlier Writ Petition No.12282 of 2006 filed by respondent No.2 was dismissed as withdrawn on 16-3-2007. He submits that respondent No.2 after having failed in his efforts has started the same cause through respondent No.
1. He further submits that there is reasonable apprehension in the mind of the petitioner that learned Additional Sessions Judge/Ex-Officio Justice of Peace will pass an order in routine directing the S.H.O. Concerned to register a case, if the application moved by respondent No.1 discloses the commission of a cognizable offence.
3. After hearing the learned counsel for the petitioner, I found while dictating order in Chamber though not pointed out by the learned counsel for the petitioner that the learned Addl. Sessions Judge/Ex-Officio Justice of Peace, Wazirabad in mechanical manner called for report from the S.H.O. Police Station Alipur Chattha, vide order, dated 4-4-2008 marking the presence of the Clerk of the counsel, which on the face of it is not warranted by law and the same gives an impression that Clerk of counsel argued the case. The Clerk of the counsel is neither authorized nor entitled to appear in a judicial proceeding and the learned D Additional Sessions Judge erred in marking his presence and entertaining and registering the aforesaid application under sections 22-A and 22-B, Cr.P.C. And thereafter issuing necessary process by way of calling report and reply from the S.H.O.
Concerned. I hope that the learned Additional Sessions Judge/Ex-Officio Justice of Peace while passing the final order will hear the present petitioner and will also examine the documents to be filed by him in support of his case. He will also adhere to the two orders passed by this Court in the aforesaid writ petitions and orders passed by him or his predecessors on applications of Syed Babar Hussain, respondent No.2. The apprehension of the petitioner at this stage is pre-mature and does not call for any interference by this Court in its constitutional jurisdiction.
4. With the above observations, this writ petition is disposed of.