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2012 MLD 889

MAQSOOD AHMED vs JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE,

Citation2012 MLD 889
CourtLahore High Court
Case No.Writ Petitions Nos.3784 and 3785 of 2012
Date2012-02-17
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultPetitions dismissed

ORDER

' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Writ Petitions Nos.3784 of 2012 and 3785 of 2012, are being decided by this single order due to commonality of the impugned order.

2. The petitioner Maqsood Ahmed, feeling aggrieved by an order dated 24-12-2011, passed by the learned Additional Sessions Judge/ExOfficio Justice of Peace, Lahore has challenged its legality through the instant Constitutional petitions on the ground that the direction issued by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore is illegal as the application of the petitioner moved to the Superintendent of Police for taking action against Mannan Ahmad and Muhammad Sarwar is still pending and direction obtained by the respondents for registration of case against the petitioner is counterblast to his application. He further prayed that till the conclusion of the inquiry initiated by the said Superintendent of Police, the operation of the impugned order be suspended.

3. The perusal of the application filed by Mannan Ahmad under section 22-A/B Cr.P.C. Discloses that the present petitioner had issued cheques in his favour which were dishonoured and the learned Ex- A Officio Justice of Peace had issued direction for the registration of case on the basis of dishonoured cheques.

4. The argument of the learned counsel for the petitioner has been appreciated and it is found that the matter pending before the Superintendent of Police could be the defence of the petitioner which he may take in case F.I.R. Is registered against him. The interference by this court in the order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore would amount to quash the F.I.R. Further the facts narrated by the petitioner require detailed inquiry which exercise cannot be undertaken through the instant Constitutional petition. It is the job of the Investigating Officer to settle the factual contrQversy between the parties by investigating the case where the petitioner shall be at liberty to place all his .Documents in defence for showing his innocence in the matter.

5. In the circumstances, the petitions having no merits are dismissed in limine.

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