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K.L.R. 2014 Criminal Cases 56

Hafiz Muhammad Javed vs S.H.O., etc.

CitationK.L.R. 2014 Criminal Cases 56
CourtLahore High Court
Case No.Writ Petition No, 22639 of 2013
Date2013-09-13
Judge(s)Aalia Neelum
ResultPetition dismissed

ORDER

' AALIA NEELUM, J. --- Through this Constitutional Petition, Hafiz Muhammad Javed, petitioner has challenged the vires of order dated 26.08.2013 passed by the learned Additional Sessions Judge, Lahore in his capacity as Ex-Officio Justice of Peace has disposed of the application of respondent No, 2 for registration of case with the direction to the SHO, Police Station, Hair, Lahore to bring on record version of respondent No, 2 in F.I.R. No, 212, dated 10.08.2013, under Sections 337-L(ii), 427, 337-F(iii), 148, 149, P.P.C., registered at P.S. Hair, Lahore.

2. Learned counsel for the petitioner contends that respondent No, 2 has moved an application for registration of case against present petitioner upon which learned Ex-Officio Justice of Peace vide order dated 26.08.2013 directed the police to record the cross-version of respondent No, 2 in F.I.R.

No, 212, dated 10.08.2013, under Sections 337-L(ii), 427, 337F(iii), 148, 149, P.P.C., registered at P.S. Hair, Lahore lodged by present petitioner. Prayer has been made that the impugned order dated 26.08.2013 is liable to be set aside being illegal, unlawful.

3. I have heard the learned counsel for the petitioner and have gone through the impugned order as well as petition under Sections 22-A, 22-B of Cr.P.C. Filed by respondent No, 2.

4. Admittedly the petitioner has lodged F.I.R. No, 212, dated 10.08.2013, under Sections 337-L(ii), 427, 337F(iii), 148, 149, P.P.C., registered at P.S. Hair, Lahore qua occurrence took place on 10.08.2013 against the family members of respondent No, 2 whereas respondent No, 2 moved an application for registration of case against present petitioner and others qua above occurrence and during hearing of said application, it transpired that F.I.R. Has already been lodged, and in continuation of said F.I.R., learned Ex-Officio Justice of Peace has disposed of the petition under Sections 22-A, 22-B of Cr.P.C. With the observation to bring on record version of respondent No,

2. Prima facie, no illegality seems in the impugned order dated 26.08.2013, as in version of both the parties should come on record and same be investigated by the investigating agency. Thus, it has been observed by this Court that the impugned order dated 26.08.2013 passed by the learned Ex-Officio Justice of Peace/ASJ is well speaking order and has rightly directed the S.H.O to bring on record version of respondent No, 2.

5. For the reasons recorded supra; I find no illegality, infirmity or irregularity in the impugned order passed by the learned Ex-Officio Justice of Peace/ASJ dated 26.8.2013. Resultantly, this petition is dismissed in limine, being without any force.

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