' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This constitutional petition is directed against an order dated 11-1-2012 passed by the learned Justice of Peace, Sheikhupura whereby he refused to issue direction for the registration of case on the application of the petitioner.
2. The grievance of the petitioner appears to be that his brother namely Mumtaz Hussain was murdered by Abdul Ghaffar and his accomplices, the employees of Total Parco Pump. Conversely an F.I.R. Was registered by Syed Nazar Hussain Shah, an employee of Total Parco Pump, Sargodha Road, Sheikhupura wherein he reported that the petitioner's party along with the deceased were steeling petrol from the main supply line of the petrol pump and had taken out about 2000 litres Diesel which they were carrying on a Tractor Trolley. It was alleged in the F.I.R. That on seeing the complainant party the assailants, who were armed with weapons started firing and the employees of petrol pump in order to save their lives and in self defence fired at the assailants. The accused of the F.I.R. Thereafter fled away and when the complainant party reached near the Trolley they found that one Mumtaz Hussain was lying dead in it. On this report formal F.I.R. Was registered against the A petitioner and his other co-accused.
3. The petitioner now, wants the registration of separate F.I.R. In respect of the same occurrence and in this connection case of Mushtaq Hussain and another v. The State (2001 SCMR 45) has also been referred. Learned Justice of Peace after obtaining report from the S.H.O. Of the concerned Police Station agreed with it and dismissed the application. The Police report reveals that the occurrence as narrated by the present petitioner did not take place and the author of the said report also discussed the character of the Sarfraz and Nawaz accomplices of present petitioner by mentioning that they were involved in many other criminal cases of like nature. It is rightly pointed out by the learned counsel for the petitioner that it is not the function of the Police to conduct detail inquiry into the allegations contained in the petition filed under sections 22-A and 22-B, Cr.P.C. Nor the same is required from the Courts, which are bound to examine whether any cognizable offence is made out against the respondents of the application and if so then direct that the case be registered at the police station. In this scenario the application filed by the present petitioner before the learned Justice of Peace is examined. It sufficiently discloses that the respondents of the application were involved in the commission of cognizable offence as such the learned Justice of Peace was duty bound to direct the S.H.O. Of the concerned police station to register a separate F.I.R. Learned Justice of Peace without giving any its independent finding had relied upon the police report, thus committed an illegality in dismissing the application of the petitioner.
4. For what has been discussed above, it appears proper to direct learned Addl. Sessions Judge/Exh-officio Justice of Peace to re-decide the petition filed under sections 22-A and 22-B, Cr.P.C. For which purpose same shall be deemed to be pending with him.
' The petition is disposed of accordingly.