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2015 YLR 1892

KALLO PEHLWAAN vs EX-OFFICIO JUSTICE OF PEACE, LAHORE and 2 others

Citation2015 YLR 1892
CourtLahore High Court
Case No.Writ Petition No,9508 of 2015
Date2015-05-15
Judge(s)Abdul Sami Khan
ResultPetition dismissed

ORDER

ABDUL SAMI KHAN, J.---Through this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the validity of order dated30-3-2015 passed by learned Ex-officio Justice of Peace, Lahore through which he has directed the Station House Officer of Police Station, Sabzazaar Lahore to record the version of respondent No,3 and proceed into the matter in accordance with law.

2. After hearing the learned counsel for the parties and going through the matter in accordance with law. Impugned order dated 30-3-2015 it has been noticed by this Court the application filed by respondent No,3 against the petitioner for registration of criminal case contains serious allegation of forcibly entering into the house belonging to the late brother of respondent No,3 after having armed themselves with firearms, extended threats of life to the tenant on gun-point and also pointed firearm on the family of tenant, therefore, thorough probe into the matter is required. Even otherwise law is also settled on the point that when information regarding commission of a cognizable offence is supplied to the police officer, he is duty bound to register criminal case against the culprits who have perpetrated the offence. So taking guidance from the law laid down in renounced verdict of the Hon'ble Supreme Court passed in a case reported as PLD 2007 SC 539 this petition is, therefore, dismissed. It is settled law that civil and criminal proceedings can run simultaneously. However, the petitioner is at liberty to establish his stance, if any at an appropriate stage of investigation by producing oral as well as documentary evidence in his favour.

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