' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Through this Constitution petition, the petitioner has challenged the legality of an order dated 27-3-2012, passed by the learned Additional Sessions Judge/ Ex-Officio Justice of Peace, Lahore whereby S.H.O. Concerned was directed to record the statement of respondent No.3 and to proceed in accordance with law, if any cognizable offence is made out from the contents of the application of the said respondent.
2. Abid Saleem, respondent No.3, by filing application under sections 22-A/B, Cr.P.C. Secured the above said order against the petitioner.
3. This direction of the learned Justice of Peace appears to be illegal in view of the judgments of this Court reported as "Muhammad Musthaq v. Additional Sessions Judge, Lahore and others"
(2008 YLR 2301) and "Rana Inamullah Khan v. S.H.O. And others" (2007 YLR 2406). It is not the duty of the S.H.O. To determine whether any cognizable case is made out or not, rather it is the duty of the learned Justice Peace to look into the contents of the application and if he finds that any cognizable case is made out then he should issue clear direction to the S.H.O. Concerned for registration of the case.
4. In view of the above, the order of learned Justice of Peace is set aside and he is directed to re- decide the application of the respondent and if from the contents of the application any cognizable he case is made out, registration of the should issue direction to the S.H.O. Concerned for case.
' The petition is disposed of accordingly,