Feeling aggrieved by the order dated 16.4.2011 recorded by learned Addl. Sessions Judge/Ex-officio Justice of Peace, petitioner has invoked the extraordinary jurisdiction of this Court for an appropriate direction to the Respondent No, 1 to examine the petitioner and then proceed in accordance with law. Learned counsel for the petitioner while making reference to the order dated 16.4.2011 has drawn attention of this Court to the application submitted before the Court adding that the observation made by Ex-officio Justice of Peace that occurrence allegedly took place 7, 8 years back is a clerical mistake and it was specifically mentioned at the instance of petitioner that occurrence took place on 6.4.2011. The contention of learned counsel for the petitioner finds support from the contents of application and as such it appears that there is a clerical mistake with reference to happening of the occurrence 7,8 years back. The learned Ex-officio Justice of Peace was further influenced by the fact that the matter is of civil nature.
2. I have gone through the contents of the petition made at the instance of petitioner before Ex- officio Justice of Peace. The opinion formulated by learned Ex-officio Justice of Peace that dispute is of civil nature regarding which proceedings are already sub judice in order to non-suite the petitioner on this score alone cannot be endorsed in view of law laid down in "Seema Fareed and others v. The State and others" (2008 SCM R 839) in which it has been held that civil proceedings relating to same transaction would not be a legal bar to the maintainability of criminal proceedings. While setting aside order of learned Ex-officio Justice of Peace petitioner is directed to appear before Respondent No, 1, who shall record statement of petition and if there is any information regarding commission of cognizable offence, shall proceed under Section 154 of The Code of Criminal Procedure, 1898. Needless to state that veracity and falsity of accusation can only be scanned after proceedings u/S. 154 of The Code of Criminal Procedure 1898. It is also worth mentioning that ample powers are available with the police to proceed further against the petitioner if the allegations are found false.
Pursuant to above discussion, writ petition stands accepted.