' ABDUL LATIF KHAN, J.---This writ petition is directed against the order dated 26-6-2014, passed by learned Additional Sessions Judge/Justice of Peace, Swat, whereby application under section 22-A Cr.P.C. Filed by respondents Nos.4 and 5 for registration of case against the petitioners was accepted.
2. Arguments heard and file perused.
3. The record reveals that earlier respondents Nos.4 and 5, namely, Mst. Khaista Bibi and Mst. Shafia, submitted an application before District Police Officer, Swat, alleged therein that the respondents Sherin Zada, Ismaeel, Ibrahim, Rahim Zada, Naseeb Zada, Bakht Zada, Anwar, Zafar Khan, Waris Khan and Khalid Khan attacked on the house of petitioner No, 2, situated in Darkal Banr, Bahrain, and also made aerial firing in order to harass the inmates of the house and, as such, sought for taking legal action against the respondents, the present petitioners. The application was entrusted to ASHO by the District Police Officer concerned for enquiry under section 157, Cr.P.C. The concerned ASHO visited the spot and after conducting enquiry into the matter, submitted his report on 21-2- 2014. According to findings report, no offence was reported to have been committed and the application of respondents Nos. 4 and 5 was found baseless and, as such, the same was filed on 2- 2-2014. Subsequently, the present respondents Nos. 4 and 5 submitted another application before Justice of Peace, Swat, in which comments were asked from the S.H.O. Concerned. The comments available on record reveal that the story seems to be concocted one and report of respondents 4 and 5 was found baseless, however, learned Justice of Peace accepted the application under section 22-A, Cr.P.C. While ignoring report of S.H.O. And directed the S.H.O. Concerned to register a case against the petitioners, but no findings has been given on findings report and comments asked from S.H.O. Concerned.
4. No doubt, it is legal duty of the police under section 154, Cr.P.C. To register a criminal case whenever commission of a cognizable offence is reported to it and if the police is not registering a case regarding cognizable offence, an Ex-Officio Justice of the Peace can issue appropriate directions under section 22-A(6)(i),. Cr.P.C. To the concerned police authorities to register a case even without seeking report from the S.H.O. Concerned to know the reasons why the local Police have not registered a criminal case in respect of complainant's allegations but when a report is asked from S.H.O. In order to discover the real facts then it should not be ignored and if learned Justice of Peace does not agree with the report, should assign reasons contrary to it as law has to be interpreted in the manner that its protection extends to everyone. The Court should not allow applications under section 22-A, Cr.P.C. In routine matters and while accepting such like applications, the Ex-Officio Justice of Peace should apply its mind as to whether the petitioner has come to the Court with clean hands. In the case in hand, learned Justice of Peace has asked comments/report from the S.H.O. Concerned but failed to assign any reasons contrary to it and accepted the application in mechanical manner, which is not the mandate of law. The Police report called for by learned Ex-Officio Justice of Peace reveals that one of the respondents, namely, Sherin Zada, lodged a report vide F.I.R. No, 4 dated 5-1-2014 under sections 365-B/496/376/34, P.P.C.
Against Dosham, husband of complainant, and her two sons, namely, Liaqat Ali and Amjad Ali, for abducting his daughter aged 11/12 years. The report further reveals that one of sons of the complainant, namely, Liaqat Ali, has been arrested in the above referred case and his applications for his release on bail have been rejected by the fora below and now his bail petition is pending before this Court while her other son, namely, Amjad Ali is still at large in the case. It has further been reported that complainant/petitioner has made a concocted story just to make a cross case and tried to involve innocent persons in order to compel them for compromise in the above referred case.
5. Learned A.A.-G. Present in Court frankly conceded that when inquiry has been conducted and comments have been asked from S.H.O. Concerned, then it should not be ignored. Admittedly, the husband and two sons of the complainant have been booked by Sherin Zada, one of the respondents, for abducting his daughter, therefore, possibility of submitting the instant application for registration of the case by making cock and bull story in order to save their skin from the mentioned criminal case could not be ruled out, therefore, the order of learned Ex-Officio Justice of Peace is not sustainable in the eyes of law and is liable to be set aside.
' For the aforesaid reasons, the instant writ petition is accepted, the impugned order of Justice of Peace is set aside, and proceedings, if any, started against the petitioners on the basis of the impugned order, stand quashed. Similarly, Miscellaneous Application No,567 of 2014 is also dismissed being infructuous.