Petitioner has challenged order dated 16.4.2009 passed by Justice of Peace, Sahiwal through which he declined to issue direction for registration of criminal case on the application of the petitioner and advised her to avail alternate remedy of filing private complaint.
2. Learned counsel for the petitioner contends that petitioner filed an application before Respondents No, 2 Justice of Peace seeking direction to Respondent No, 4 SHO for registration of case against Respondents No, 5 to 8. Justice of Peace called report from concerned police station which was submitted on 3.3.2009. He adds that police submitted a false report with the collusion of Respondents No, 5 to 8 and that there was no need of report from the police and straight away the SHO was to be directed for registration of case as the contents of application.
3. On the other hand learned counsel appearing on behalf of Respondents No, 5 to 8 submits that the impugned order passed by Justice of Peace is based on reasons. The justice of Peace rightly relied on the report submitted by the police which is comprehensive. He further contends that petitioner filed application under Section 22-A Cr.P.C. as a counter blast of case F.I.R No, 54/2009 dated 10.2.2009 under Section 489-F Police Station city Sahiwal registered on the statement of Muhammad Sarfraz, Respondent No, 6 Respondent No, 7 Muhammad Ayyaz was implicated being real brother of Muhammad Sarfraz, complainant of above said criminal case. He submits that Muhammad Idrees Respondent No, 8 has also advanced Rs, 20,00,000/- to Muhammad Hassan Shahid, alleged abductee against which a cheque was issued to him by the said Muhammad Hassan Shahid. He submits that Muhammad Hassan Shahid son of the petitioner who has been allegedly abducted by Respondents No, 5 to 8 is nominated accused of so many criminal case registered against him by the different persons. Learned counsel for the Respondents No, 5 to 8 has placed-on the record copies of criminal cases registered against Muhammad Hassan Shahid, detail of which is as below:--
(i) FIR No, 54/2009 dated 10.2.2009 P.S City Sahiwal by Respondent No, 6
(ii) F.I.R No, 63 of 2009 dated 10.2.2009 under Sections 420/406 PPC, P.S. Galla Mandi, Sahiwal by Main Riaz Ahmad.
(iii) F.I.R No, 46 dated 10.5.2009 under Section 489-F PPC Police Station Civil Lines, Sahiwal by Respondent No, 5.
(iv) F.I.R No, 52/2009 dated 17.5.2009 under Section 489-F PPC, Civil Lines District Sahiwal by Respondent No, 8.
Three criminal cases out of four have been registered against Muhammad Hassan Shahid, alleged abductee on the statements of Respondents No, 5, 6 and 8. He further submits that keeping in view the report of police and circumstances of the case if this petition is allowed and a false criminal case for alleged abduction of Muhammad Hassan Shahid is registered against the Respondents No, 5 to 8, they shall suffer an irreparable loss and injury to their honour and dignity as they are respectable citizen of Pakistan being well known business men in the area and registration of false criminal case shall create harassm ent for them.
4. I have heard learned counsel for the parties and perused the record of the case. After going through report submitted by concerned police station Justice of Peace having no option rightly declined to issue direction to respondent SHO for registration of case on the application, of the petitioner as the same was found false and frivolous during inquiry conducted by concerned SHO.
However the petitioner was advised to file private complaint. I have gone through the impugned order dated 16.4.2009 passed by Justice of Peace. Undoubtedly, no report is necessary for passing and order on the application under Section 22-A by the Justice of Peace, if the contents of application disclose commission of a cognizable offence but if the report is called from the concerned SHO before issuance of direction on the application, the same may be taken into consideration by the Justice of Peace, while disposing of application before him. Such a direction could not be passed mechanically and without examining facts of the case especially in this case various criminal cases have been registered against the alleged abductee on the statements of the respondents. If this Court through Constitutional Jurisdiction issues a direction for registration of criminal case the same can cause humiliation for the opponent party. So direction on such application in the circumstances of this case will amount to abuse of process of law which shall cause illegal harassm ent to the respondents under the legal cover because when a criminal case is registered against citizen he is put into terror of being interrogated ruthlessly and even arrested, besides his relations and friends, who also might be called to police station by an unscrupulous police officer. Keeping in view the background of registration of criminal cases against Muhammad Hassan Shahid alleged abductee, on the statements of Respondents No, 5, 6 and 8 and nature of allegations levelled in the application coupled with reports submitted by the police no direction for registration of case should have been issued by this Court in its Constitutional jurisdiction. However, petitioner can initiate criminal proceedings by filing a private complaint as observed by the Justice of Peace which is also an adequate and efficacious relief to her.
For what has been discussed above I find no reason to interfere in the impugned order. This petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.