' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Mst. Nazish Kanwal, being aggrieved by an order dated 30-9-2011, passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore has challenged its veracity through the instant Constitutional petition alleging that being wife of one lqbal Ahmad, she cannot be charged for committing theft of the article in the absence of her husband lying in the house as she is equally owner of that property.
2. Through the petition before the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore, Iqbal Ahmad alleged that he had contracted second marriage with the present petitioner in September, 2011 and when on 16-9-2011, he returned to his house at 6-00 p.m., his wife was not present in the house and cash of Rs,200,000 was also missing along with the golden ornaments. He alleged that threats of dire consequences were also extended to him. On this application, the learned Ex-Officio Justice of Peace issued direction to the S.H.O. For redressal of the grievance of petitioner.
3. Parties heard.
4. The instant petition against an order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace issuing direction for registration of case is not entertainable for the simple reason that the interference by this court in the said order may amount the quashment of the F.I.R. To be registered by the S.H.O. Of the police station under the orders of court of competent jurisdiction. The points agitated in the instant petition would also be available to the petitioner when she would avail her legal remedies available to her under the law. At this stage, this court cannot be indulged for resolving factual controversy between the parties. In this situation, I am not inclined to interfere into the order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore.
5. The petition, thus, in hand is dismissed with the direction to the petitioner to avail her legal remedies available to her under the law where she may agitate the points raised through the instant Constitutional petition.