' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Writ Petitions Nos.3931 and 6122 of 2012 are being decided jointly as both are directed against an order dated 3-3-2012 passed by the learned Ex- Officio Justice of Peace, Lahore issuing direction to the SHO of Police Station concerned for registering the case. Writ Petition No,6122 of 2012, seeks implementation of the aforesaid order whereas through the former petition a prayer for setting side the said order has been made.
2. A,bid Hussain Chohan, petitioner in Writ Petition No,6122 of 2012, on 18-2-2012 alleged, .In his application filed under sections 22-A and 22-B, Cr.P.C., that at 1-00 p.m. On the said date three persons armed with weapons trespassed into his shop and started firing, thereafter they took away 150-Tolas gold along with cash of Rs,500,000. Some other gold articles were also looted by the assailants.
3. In this petition the complainant did not name any person for the commission of the offence but in the same breath he made another application holding his own worker Khalid Anwar as the accomplice of the robbers and prayed for the registration of the case against him and three unknown persons. Learned Ex-Officio Justice of Peace vide order dated 3-3-2012 issued direction to the concerned SHO for registration of the case.
4. It is contended by the learned counsel for the petitioner Khalid Nawaz that the occurrence as alleged in the application did not take place as is evident from Rapat No,42, dated 18-2-2012 recorded at Police Station, Choong; that the report requisitioned by the learned Ex-Officio Justice of Peace from the Police Station also negates the commission of offence, therefore, the direction issued by the learned Ex-Officio Justice of Peace is based upon extraneous considerations and is not in consonance with law. It is further contended by the learned counsel that the brother of Abid Hussain Chohan namely Zahid Chohan is involved in 19 criminal cases and his family is having the history of criminal litigation. He prayed for setting aside of the order passed by the learned Ex- Officio Justice of Peace.
5. On the other hand, the contentions have been rebutted by the learned counsel appearing on behalf of Abid Hussain Chohan with the assertion that the order passed by the learned Ex-Officio Justice of Peace is quite in consonance with law as the Police has no authority to conduct any inquiry prior to the registration of the case.
6. Parties heard and record perused.
7. No doubt the contention of the learned counsel Abid Hussain Chohan that an inquiry cannot be conducted by the Police before the registration of the case is correct but it is evident from the record that the petitioner had concealed material facts in his application and if no report is summoned from the local Police, the registration of the case on the simple application of the petitioner may cause harassm ent to innocent persons and would also be abuse of process of law.
It has been experienced that the general public is so untruthful that it misuses the legal provisions by concealing real facts. The law promulgated to check these misdeeds of the complainant is so ineffective and involves lengthy procedure for punishing a person for lodging false application that has strengthened untruthful persons to mould law in their own favour. The benefit of ineffectiveness of law cannot be extended to the persons like Abid Hussain Chohan, who with malice concealed material facts from the Court while seeking relief for registration of the case. The Police report requisitioned by learned Ex-Officio Justice of Peace discloses that the petitioner Abid Hussain Chohan is also involved in the cases of theft and dishonouring of the cheques whereas his brother too did not enjoy good reputation and is an accused in about 19 cases. Furthermore, at the time of alleged occurrence a call was made at Rescue '15' upon which the Police reached at the spot and Muhammad Afzal Sub-Inspector, Incharge Police Post Sher Shah Colony recorded Rapat No,42 on the same day shown that the occurrence alleged by Abid Hussain Chohan had never taken place nor any robbery was committed in his shop. It was further reported that due to litigation with one Ejaz Ahmad the petitioner has made a fake occurrence and tried to involve innocent persons therein.
8. The facts noted in the preceding paras are sufficient to believe that the learned Ex-Officio Justice of Peace did not examine the Police report as well as other relevant material on the record and had also misapplied and misconstrued the case-law cited in his order. The order of learned Ex-Officio Justice of Peace, as such, is not sustainable in the eyes of law and is liable to be set aside.
9. For the foregoing reasons, Writ Petition No,5931 of 2012 is allowed and the order dated 3-3-2012 of learned Ex-Officio Justice of Peace is declared illegal and of no legal consequence. The same is set aside, resulting into the dismissal of the application filed by Abid Hussain Chohan under sections 22-A and 22-B, Cr.P.C. The natural outcome of this finding is the dismissal of connected Writ Petition No,6122 of 2012.