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K.L.R. 2014 Criminal Cases 61

Muhammad Ramzan vs Addl. Sessions Judge, etc.

CitationK.L.R. 2014 Criminal Cases 61
CourtLahore High Court
Case No.Writ Petition No, 22717 of 2013
Date2013-09-13
Judge(s)Aalia Neelum
ResultPetition dismissed

ORDER

' AALIA NEELI'M, J. --- Through this Constitutional Petition, Muhammad Ramzan, petitioner has challenged the vires of order dated 29.08.2013 passed by the learned Additional Sessions Judge, Samundari in his capacity as Ex-Officio Justice of Peace has dismissed the application of the petitioner seeking registration of case against respondents No, 3 &4.

2. Learned counsel for the petitioner contends that petitioner moved an application under Sections 22-A, 22-B of Cr.P.C. For registration of case against respondents No, 3 & 4, upon which the learned Ex-Officio Justice of Peace sought comments of SHO, Police Station, City Samundari, who denied the allegations without associating petitioner and petitioner was condemned unheard but learned Ex-Officio Justice of Peace has passed the impugned order dated 29.08.2013 in hasty manner, without touching the basic principles of law. So, above-stated impugned order is liable to be set aside and a direction qua registration of case be issued to the respondent No, 2.

3. Admittedly the petitioner has filed an application under Sections 22-A, 22-B of Cr.P.C. For registration of case against respondents No, 3 & 4, upon which report was called from the police, wherein it was mentioned that compromise has been effected between the parties and in continuation of compromise, present petitioner has also submitted an affidavit dated 15.07.2013 before "Punchait" by mentioning that he does not want to proceed further in the matter and this fact is not denied by the petitioner in the instant petition. Thus it has been observed by this Court that the impugned order dated 29.08.2013 passed by the learned Ex-officio Justice of Peace/ASJ is well speaking order and has rightly dismissed the application of the petitioner filed under Sections 22-A, 22-B, Cr.P.C. Even otherwise it is well-established principle of law that once a compromise is always a compromise.

4. The trout ensemble of above discussion is that, I find no illegality, infirmity or irregularity in the impugned order passed by the learned Ex-Officio Justice of Peace/ASJ dated 29.08.2013.

Resultantly, this petition is dismissed in limine being without any force.

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