' MUHAMMAD YAWAR ALI, J.---By invoking the provisions of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of the impugned order dated 15-2-2013 passed by respondent No,1 while hearing the case as an Ex-Officio Justice of Peace.
2. On 11-2-2013 respondent No,3 filed an application under sections 22-A and 22-B, Cr.P.C. Stating therein that the accused have committed a cognizable offence by abducting her daughter, so that the latter may be subjected to illicit intercourse. Respondent No,1 after holding that the requisite report and para wise comments have not been submitted by the concerned police official directed the S.H.O. Concerned to record the statement of the applicant, Mst. Naziran Bibi under section 154, Cr.P.C. And subsequently proceed in the matter in accordance with law.
3. The learned counsel for the petitioner has impugned the order dated 15-2-2013 passed by respondent No,1 by submitting that the petitioner is innocent and has not committed any cognizable offence. The applicant/respondent No,3 filed an application under section 22-A and 22- B, Cr.P.C. For registration of a criminal case against the accused with mala fide intention and ulterior motives as a counterblast of F.I.R. No,78/2013, dated 5-2-2013 for offence under sections 381, 420, 109 P.P.C. Registered at Police Station Defense, District Lahore on the complaint of one Ghulam Abbas, brother of the petitioner wherein respondent No,3 and her daughter the alleged abductee have been arrayed as an accused. Respondent No,3 and her daughter are guilty of having committed theft and being criminals they are using different names at different times. The impugned order cannot be sustained as the same has been passed without calling for and perusing the report of the S.H.O. Concerned.
4. The learned Law Officer while relying on the report of the S.H.O. Concerned has supported the petitioner by submitting that respondent No,3 neither filed any application nor appeared before the S.H.O. Concerned prior to filing the petition before the learned Ex-Officio Justice of Peace under sections 22-A, 22-B, Cr.P.C. The learned Law Officer has gone on to submit that respondent No,3 after being declared a proclaimed offender in F.I.R. No,78/2013 dated 5-2-2013 for offence under sections 381, 420, 109 P.P.C. Registered at Police Station Defense, District Lahore filed an application under sections 22-A, 22-B Cr.P.C. Before the learned Ex-Officio Justice of Peace in order to counter the complaint lodged by Ghulam Abbas, brother of the petitioner herein. During the investigation the version of respondent No,3, who is a fugitive from law has been found to be false and incorrect.
5. The learned counsel for respondent No,3 while supporting the impugned order submits that the victim daughter of respondent No,3 has been recovered who has stated in clear terms that she was subjected to illicit intercourse by two accused persons and the petitioner took money so as to ensure that the offence is committed. One accused after committing illicit intercourse with the victim left her standing in front of the Women Police Station, Islamabad from where she was recovered and sent to the Daar-ul-Amaan, Islamabad. As the victim was detained and subjected to illicit intercourse against her wishes, a criminal case ought to be registered against the accused forthwith.
6. The version of respondent No,3 as contained in her application filed under sections 22-A, 22-B Cr.P.C. Has been found to be false and incorrect by the S.H.O. Concerned. The S.H.O. Concerned while filing his report before this Court has negated the version of respondent No,3 by submitting that respondent No,3 has been declared as proclaimed offender in F.I.R. No,78/2013 dated 5-2-2013 for offence under sections 381, 420, 109, P.P.C. Registered at Police Station Defense, District Lahore and that she filed the petition under sections 22- A, 22-B, Cr.P.C. Before the learned Ex-Officio Justice of Peace with mala fide intention and ulterior motive just to counter the complaint of Ghulam Abbas, brother of the petitioner herein. It is thus clear that respondent No,3 who is a proclaimed offender in F.I.R. No,78/2013 dated 5-2-2013 for offence under sections 381, 420, 109 P.P.C.
Registered at Police Station Defense, District Lahore filed the petition before the learned Ex-Officio Justice of Peace, Lahore with mala fide intention and ulterior motives to counter a criminal case registered against her on the complaint of Glaulam Abbas brother of the petitioner herein. In these circumstances this petition is allowed and the impugned order dated 15-2-2013 passed by the learned Ex-Officio Justice of Peace, Lahore in the absence of the comments of the S.H.O. Concerned is hereby set aside.