ORDER SYED AKHLAQ AHMAD, J.---Through this writ Syed Sabir Hussain Shah/petitioner has prayed this Court to set aside the impugned order, dated 28-5-2010 passed by the justice of peace/ASJ Gujranwala whereby he refused to issue any direction for registration of case. It is prayed that respondent No.3/S.H.O. Police Station FIA Passport Cell Qila Chand Gujranwala be directed to register a criminal case against respondent No.5/ Tanveer Hussain Shah.
2. Contents of the writ petition show that. Syed Sabir Hussain Shah/petitioner filed a petition under sections 22-A/22-B, Cr.P.C. For registration of criminal case against his son Tanveer Hussain Shah.
Learned Justice of Peace/ASJ vide order, dated 19-11-2009 directed the petitioner to appear before respondent No.2/Assistant Director FIA Passport Cell Qila Chand Gujranwala, file an application before him who shall entertain the same and hold an inquiry and if respondent/Tanveer Hussain Shah is involved and the offence cognizable by FIA comes on record, the respondent No.2/Assistant Director FIA passport Cell Qila Chand .Gujranwala shall proceed in accordance with law. The petitioner accordingly approached respondents Nos. 2 and 3 along with order of the learned Justice of Peace/ASJ Gujranwala and requested to register a criminal case against respondent No.4/Tanveer Hussain Shah who is son of the petitioner but respondents Nos. 2 and 3 in connivance with respondent No.5. Tanveer Hussain Shah did not register any criminal case against him. The petitioner then filed a contempt petition before the Justice of Peace/ASJ Gujranwala for redressal of his grievance. In reply to the contempt petition, respondents Nos.3 and 4 submitted a false and frivolous report on the basis of which learned Justice of Peace/ASJ Gujranwala refused to issue any direction for registration of case on the ground that the inquiry conducted remained negative.
Hence this petition.
3. Respondent No.4/Hassan Farooq Inspector F.I.R./AHTC Gujranwala submitted a reply and parawise comments of the writ petition stating that Syed Sabir Hussain Shah/petitioner filed writ petition before the Sessions Judge Gujranwala on the allegation that Tanveer Hussain Shah extorted an amount of Rs.10,00,000 on the pretext of sending his two sons to Greece. Learned Justice of Peace/ASJ ordered to proceed with the complaint of the petitioner in accordance with law. After receiving order/complaint, the Deputy Director FIA Gujranwala registered inquiry No.38 of 2010 and entrusted the same to respondent No.4/Hassan Farooq Inspector F.I.A.
During inquiry it was found that Tanveer Hussain Shah accused is the son of the petitioner from his second were and there was family dispute between both the parties. Property dispute regarding 7- Marlas plot was also found in their family since the year, 2001. During inquiry, the petitioner/complainant failed to substantiate his version about the alleged amount for viza purpose. Inquiry report was submitted for closure by him. After legal opinion, the inquiry was closed on merits by the competent authority on 25-5-2010.
4. Learned counsel for the petitioner contends that the impugned order dated 28-5-2010 passed by the learned Justice of Peace/ASJ Gujranwala does not fulfil the requirements of enquiry, law and justice. Therefore, the same is liable to be set aside. From the contents of the application moved by the petitioner under sections 22-A/22-B, Cr.P.C. a cognizable offence is made out. So FIA was under legal obligation to register a criminal case against- Tanveer Hussain Shah despite the fact that he is son of the petitioner from his second were.
5. On the other hand, learned Standing Counsel appearing on behalf of FIA opposed this writ and strongly defended the impugned order passed by the learned Justice of Peace/ASJ Gujranwala.
6. Order, dated 19-11-2009 passed by the learned Justice of Peace/ASJ Gujranwala on the petition under section 22-A/22-B, Cr.P.C. Moved by the petitioner reads as under:-- "Present:--Learned counsel for the petitioner.
Petitioner is seeking registration of F.I.R. Against the respondent No.3 Tanvir Hussain Shah under Immigration and Passport Act. Petitioner is directed to appear before the respondent No.1, file an application before him who shall entertain he same and hold an inquiry and if respondent is involved and the offence cognizable by the F.I.R. Comes on record the respondent No.1 shall proceed in accordance with law. With this direction instant petition stand disposed of. File be consigned to the record room."
7. Order dated 28-5-2010 passed by the learned Justice of Peace/ASJ Gujranwala on the contempt 'application moved by the petitioner reads as under:-- "Present.--Learned counsel for the petitioner.
Direction was issued to the respondent No.1 for holding an inquiry. Comments filed by the respondent No.1 disclose that inquiry was conducted but remained negative. Hence, as Justice of Peace, no direction can be issued for registration of the case. With this direction instant petition is disposed of. File be consigned to the record room."
8. After hearing the learned counsel for the petitioner, the Standing Counsel appearing on behalf of respondents Nos. 2 to 4/FIA and going through the documents available on the file, I find that under Article 199 of the Constitution and in view of law laid down by Supreme Court of Pakistan in case 'R.I Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010. SC 691 and Ghulam Sarwar Zardari v. Piayar Ali alias Piaroo and another' a writ petition is not maintainable in the presence of alternate remedy to any person.
9. As in this case the petition has an alternate remedy in the shape of filing of private complaint before the competent Court of law, this writ petition is not maintainable and the same is dismissed.