1. MAQBOOL AHMED AWAN, J.-- The applicant filed the present application being aggrieved and dissatisfied with the order dated 12-9-2008 passed by learned Vth Additional Sessions Judge/Ex- Office Justice of Peace in Criminal Miscellaneous Application No, 1354/2008 filed by respondent No,l.
2. ' The leamed counsel appearing on behalf of the applicant has contended that respondent No,l and his brother are running the business of "Mainpuri" which is prohibited and the applicant so many times restrained the respondent No,l from doing so and also registered two F.I.Rs, Nos.226/2008 and 227/2008 against him for offence under sections 269, 270 P.P.C, and on this being annoyed, the respondent No,l filed the application under section 22-A, Cr.P.C, before the Justice of Peace with mala fide intention in order to save his skin; that respondent No,l in order to restrain the applicant from performing his duties, filed the above application before learned Justice of Peace; that Justice of Peace has not provided any opportunity to the applicant of being heard so also to his counsel and passed the order in hasty manner.
3. ' On the other hand, learned State Counsel has pointed out that till today no F.I.R, has been registered by police, though it has been ordered by Justice of Peace. He further contended that learned.
4. ' I have heard leamed counsel for applicant, learned State Counsel and perused the material available on record, particularly the contents of impugned order.
5. After perusal of the order of learned Justice of Peace, it appears that he has passed a speaking order while observing as under:- "Let the S.H.O. Police Station.
6. ' Tando Jam is directed to record the statement of the applicant and the applicant is hereby directed to appear at Police Station Tando Jam for the said purpose and if found from the statement, so recorded, a cognizable offence is made out, F.I.R, be registered against the alleged accused. It is further observed that if the allegations are found false or otherwise, the S.H.O. Police Station Tando Jam to register the case against the applicant as provided under section 182, P.P.C.
7. ' No doubt learned trial Judge has passed the order in the capacity of an Administrative Officer but has also observed that in case the F.I.R, is declared to be false, the S.H.O, was empowered to take action against the applicant/ complainant under section 182 P.P.C. The option is available for applicant to approach the S.H.O, concerned and place before him the material in his defence whatsoever he possess.
8. ' In the light of above observation, while agreeing with the contentions raised by learned State Counsel, I find no illegality, infirmity or discrepancy in the order impugned herein, therefore, I dismiss this Criminal Miscellaneous Application along with listed application in limine.