' SHAH KHAWAR, J.---Through this Constitutional petition the petitioner has challenged the impugned order dated 17-4-2014 passed by the learned Ex-Officio Justice of Peace/Addl. Sessions Judge, Kot Adu, whereby the application filed by respondent No,3 under Sections 22-A and 22-B, Cr.P.C. Was disposed of with the direction to the SHO, Police Station, Sarwar Shaheed to proceed with the matter in accordance with law as enshrined under Section 154, Cr.P.C. And held that if it is found that respondent No,3/applicant got registered the criminal case against the respondents on false and spurious facts then the police will be at liberty to initiate proceedings against respondent No,3 in accordance with law.
2. The learned counsel for the petitioner contends that the learned Ex-Officio Justice of Peace did not consider the report and parawise comments submitted by the I.O. Dated 9-4-2014, wherein it was maintained that the allegations made in the application are ill founded. Further contends that the previous record of respondent No,3, who has been contracting marriages and getting divorce from different people, should have been relied upon and prayed for setting aside the impugned order. The learned counsel for the petitioner has placed reliance on the case of Khizar Hayat and others v. Inspector-General of Police, Lahore and others (PLD 2005 Lahore 470), in which interpretation of sections 22-A and 22-B, Cr.P.C. Has been made by this Court which has no bearing with the case in hand.
3. The Hon'ble Supreme Court of Pakistan very clearly enunciated the question of law pertaining to the powers of the learned Ex-Officio Justice of Peace and duties of the police, which emanates from section 154, Cr.P,C. In case reported as Muhammad Bashir v. Station House Officer, Okara Cantt and others (PLD 2007 Supreme Court 539) it is held that whenever an information discloses a cognizable offence it A is the duty of the SHO to record FIR without going into the veracity of the information in question. This principle of law has also been endorsed by the Hon'ble Supreme Court of Pakistan in Human Rights Case No,19526-G of 2013 (2014 SCMR 83) in which the Hon'ble Supreme Court has held that the police administration is bound to follow the dictates of law which have been explained by the. Hon'ble Supreme Court of Pakistan time and again and reference was made to the judgment in the case of Muhammad Bashir v. Station House Officer, Okara Cantt and others (PLD 2007 Supreme Court 539). One of the concluding sub clause (d) of Para 27 of this judgment is reproduced hereunder:-- "(d) existence of an FIR is no condition precedent for holding of an investigation nor is the same a prerequisite for the arrest of a person concerned with the commission of a cognizable offence;"
' Sub-clause (e) of Para 27 of the said judgment is also reproduced below:-- "(e) nor does the recording of an FIR mean that the SHO or a police officer deputed by him was obliged to investigate the case or to go through the whole length of investigation of the case mentioned therein or that any accused person nominated therein must be arrested:"
' In the said judgment the Hon'ble Supreme Court of Pakistan has enunciated questions of law pertaining to the duties and obligations of Justice of Peace and the police, when they are seized of matters regarding registration of FIR.
4. I have noted with great concern that it is a common phenomenon that almost each and every decision/judgment passed by the Ex-officio Justice Of Peace, while seized with the powers under sections 22-A and 22-B of Cr.P.C., is called in question by invoking Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. Ever since the insertion of sections 22-A and 22-B, Cr.P.C, law has been developed by judicial pronouncements of the Hon'ble Superior Courts. The landmark judgment on this proposition is reported as Muhammad Bashir v. Station House Officer, Okara Cantt. And others (PLD 2007 Supreme Court 539), which has been endorsed by the latest views of the Hon'ble Supreme. Court of Pakistan in Human Rights Case No,19526-G of 2013 (2014 SCMR 83).
As mentioned above, a question of law has been decided. As per the mandate of Article 189 of the Constitution of the Islamic Republic of Pakistan, 1973, any decision of the Supreme Court B shall, to the extent that it decides question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan.
' In the same manner Article 190 of the Constitution of the Islamic Republic of Pakistan, 1973 provides that all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
' The reference to the above quoted provisions of the Constitution of the Islamic Republic of Pakistan, 1973 has been made to remind all the judicial and executive authorities that whenever they are seized of the matters of registration of FIR, they are bound to seek guidance from the above quoted judgments, which are binding upon them under Article 189 of the Constitution of the Islamic Republic of Pakistan, 1973. If the law laid down in the above quoted judgments is fully observed by the Ex-officio Justice of Peace as well as the police, the controversies coming out of such matters could be set at naught, once for all and the High Courts would be lesser burdened from multiplicity of litigation.
5. In the light of the above discussion, I am not inclined to interfere in the impugned order dated 17- 4-2014 passed by the learned. Ex-officio Justice of Peace/Addl. Sessions Judge, Kot Adu, which is in consonance with the principles of law as enunciated in the above quoted judgments.
6. Let a copy of this order be transmitted to the SHO concerned who is seized of the matter. The SHO concerned will seek guidance from the above quoted judgments passed by the Hon'ble Supreme Court of Pakistan.
7. For the foregoing reasons, this petition has no merit, which is' hereby dismissed in limine.