' SYED IFTIKHAR HUSAIN SHAH, J.---The petitioner Muhammad Umar Tarar has assailed the legality of order dated 22-8-2011 passed by the learned Additional Sessions Judge/Ex Officio Justice of Peace, Nankana Sahib. He made a petition before the learned Ex-Officio Justice of Peace on 30-7- 2011 for the registration of case against respondent No,6 on the ground that he was made naked at the police station on 26-7-2011 at 1-00 midnight when he had gone there in order to inquire about committing of violence on the person of one Abdul Rasheed. The petitioner became unconscious due to the violence committed by respondent No,6 on him. Thereafter, he was arrested and respondent No,6 snatched Rs,2055 along with mobile phone from him and he was produced before the learned Area Magistrate who got him medically examined.
2. Learned Ex-Officio Justice of Peace, vide order dated 3-8-2011 directed the petitioner to approach the S.H.O. Police Station Faizabad along with MLC dated 27-7-2011 who shall record his statement under section 154, Cr.P.C. And to proceed further if the information conveyed to him discloses the commission of a cognizable offence.
3. The aforesaid order of the learned Ex-Officio Justice of Peace dated 3-8-2011 was not implemented and another application was made by the petitioner for the implementation of the said order. Learned Ex-Officio Justice of Peace, after obtaining report from the local police, dismissed the petition on the ground that no cognizable offence appears to be made out as per report submitted by the local police and that the report has been duly entered under section 157(2), Cr.P.C. In the relevant register. Hence, the present petition.
4. I have heard learned counsel for the petitioner, learned Asst.A.G. Assisted by the counsel for the respondents and perused the available record.
5. The petitioner made a petition for the registration of case against the respondents and after obtaining a report from the police, learned Ex-Officio Justice of Peace vide his earlier order dated 3-8-2011 had directed the petitioner to appear before the S.H.O. Concerned along with the MLC and the S.H.O. Concerned was directed to record his statement under section 154, Cr.P.C. And to proceed with the matter, if cognizable offence was made out. The learned Ex-Officio Justice of Peace without deciding that whether prima facie a cognizable case was made out or not, mechanically directed the petitioner to approach the S.H.O. Concerned for recording his statement under section 154, Cr.P.C. The learned Ex-Officio Justice of Peace left the controversy to the judgment of the S.H.O. To decide as to what was in accordance with law and the S.H.O. Concerned against whom the application was made, decided the controversy against the petitioner under the delegated powers.
6. A trend has been developed that the learned Ex-Officio Justice of Peace deal with the applications made under sections 22-A and 22-B, Cr.P.C. In mechanical manner. They, without ascertaining whether a cognizable case has been made out or not, direct the SHO concerned to register a case if cognizable case is made out and thereby leave the aggrieved person at the mercy of the police which had already compelled him to make application under sections 22-A and 22-B, Cr.P.C. Learned Ex-Officio Justice of Peace should pass the orders without if and but, after minutely examining the petitions, which will curtail the discretion of the police officer and facilitate the process for the registration of case and will definitely diminish the agony of the aggrieved persons. S.H.O. Concerned should be summoned with the comments and if the learned Ex-Officio Justice of Peace is satisfied with the assertions made in the petition under sections 22-A and 22-B, Cr.P.C., he should pass direction to record the statement of the aggrieved persons to redress their grievances then and there. It will also save the precious time of the aggrieved person, which they spend while roaming at the police stations.
7. In this view of above discussion, the writ petition in hand is allowed, impugned order dated 22-8- 2011 passed by the learned Ex-Officio Justice of Peace is set aside and the learned Ex-Officio Justice of Peace is directed to himself ascertain as to whether any cognizable offence was made out or not and then to decide the application of the petitioner afresh strictly in accordance with law.