' ALI BAQAR NAJAFI, J. --- The petitioner, through this Constitutional Petition, seeks setting aside of the order dated 20.07.2013 passed by the learned Ex-Officio Justice of Peace, Summundri, District Faisalabad, whereby respondent No,. 2/SHO, Police Station, City Summundri District Faisalabad was directed to record statement of respondent No,. 4 and to proceed further in accordance with law.
2. Brief facts giving rise to the filing of this petition are that respondents No,. 1 to 3 are real brothers and petitioner No,. 4 is their brother-in-law whereas the petitioners and respondent No,. 4 are resident of the same locality. There existed a civil suit between the petitioners and respondent No,.
4 upon the usage of street path and sewerage/drain course which was allegedly constructed by the petitioners from their personal funds. Respondent No,. 4 filed a civil suit which was dismissed on 05.06.2013. The suit filed by the petitioners against respondent No,. 4, however, is still pending before the Civil Court at Summundri. Meanwhile, respondent No,. 4 filed a petition under section 22-A/22- B, Cr.P.C. For registration of criminal case in which a negative report was submitted by respondent No,. 2/SHO but on 20.07.2013 the impugned order was passed.
3. Learned counsel for the petitioners submits that over the dispute of drainage a civil suit is pending between the parties but respondent No,. 4 is trying to convert civil litigation into criminal one; that the report and parawise comments submitted by respondent No,. 2/SHO reveals that the stand taken by respondent No,. 4 is false and no cognizable offence was made out.
4. Conversely, learned counsel for respondent No,. 4 submits that the local police has not recorded the version of respondent No,. 4, hence the order passed by the learned Ex-Officio Justice of Peace was not complied with. The learned Additional Prosecutor General submits that the report submitted by respondent No,. 2/SHO is against 'the stand taken by respondent No,. 4 by stating that no cognizable offence was found to have been committed.
5. I have heard the learned counsel for the parties and perused the available record with their able assistance.
6. Respondent No,. 2/SHO has submitted report and parawise comments whereby the stand taken by respondent No,. 4 was found false. The report further shows that no cognizable offence is made out against the petitioners. Since the police have expressed its opinion that no cognizable offence is made out against the petitioners, therefore, it would not help respondent No,. 4, particularly when he has got an alternate remedy available to him under the law by filing a private complaint. In this view of the matter, this writ petition has no merit and is therefore, dismissed.