Main Case and C.M. No, 3716 of 2010 SH. AHMAD FAROOQ, J.---Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the order dated .2-12-2010, whereby the learned Additional Sessions Judge, Lahore, while exercising the powers of Ex-Officio Justice of the Peace, has ordered S.H.O. Police Station, Manawan, Lahore to record formal F.I.R. on the basis of the contents of Report No,19, dated 27-11-2010, and thereafter, exercise his option, under section 157(2), Cr.P.C.
2. Respondent No,1 has submitted his report and parawise comments, wherein, it is mentioned that the application, submitted by respondent No,2, was entered in Rapat Roznamcha, dated 27-11-2010, but, as the same did not disclose the commission of a cognizable offence, no formal FIR. was registered. Respondent No,1 has further submitted that the application of respondent No,2 was found to be false, after thorough enquiry. He clarified that two F.I. bearing Nos.472 of 2010 and 488/2010 have alteady been registered against the accused/ respondent No,2.
3. Learned Additional Advocate General argued that no cognizable offence was made out from the application of respondent No,2 and as such, the S.H.O. was not bound to proceed under section 154, Cr.P.C. He further argued that no one can be allowed to abuse the process of law.
4. Arguments heard. Record perused.
5. From the record, it is established that the present petitioner has already lodged an F.I.R. against respondent No 2, wherein serious allegation of zina-bit-jabar has been levelled and even the report of Chemical Examiner has also been obtained by the Investigating Officer during the investigation.
The police found that no cognizable offence has been committed by the present petitioner and as such, they were justified in refusing to register a case on the application of respondent No .2 .
6. In view of the report of respondent No,1 and the mala fide intentions of respondent No,2 for registration of a case against the petitioner, with whom he has allegedly committed zina-bil-jabr, there was no justification for taking proceedings under section 154, Cr.P.C. on the application of respondent No,2. Hence, the impugned order, dated 2-12-2010 is not legally tenable and the same is accordingly set aside. The instant petition is accordingly disposed of.