' By means of this constitutional petition, the petitioner, who is serving as Station House Officer, impugns the order dated 19.03.2015 whereby Respondent No. 1 issued direction to the District Police Officer, Bahawalnagar, to register a criminal case against the petitioner under Section 155-C of Police Order, 2002, for noncompliance of the order of the Court.
2. Brief facts of the matter in hand, necessitating the petitioner to file the instant petition are that during proceedings of trial in case FIR No. 140 dated 05.05.2014 offence under Section 9-C of Control of Narcotic Substances Act, 1997, registered with Police Station Bakhsh Khan, District Bahawalnagar, due to non-production of prosecution witnesses, show-cause notice was issued to the petitioner with direction also to appear in person but this direction was not complied-with by the petitioner resulting into passing of the impugned order.
3. Learned counsel for the petitioner maintains that the impugned order is without any legal justification; that neither petitioner was served with any show-cause notice nor was afforded the opportunity of hearing which is against the principles of natural justice; that even otherwise offence under Section 155-C of Police Order, 2002, is non-cognizable so Respondent No. 1 is not competent to issue direction for registration of FIR and finally craves for setting aside the impugned order.
4. Learned Assistant Advocate General vehemently opposes the contentions raised by learned counsel for the petitioner maintaining that the impugned order is quite in accordance with law.
5. Arguments heard. Record available on the file has been perused.
6. The perusal of impugned order does not reflect anything from which it can be derived that the order dated 16.03.2015 issuing show-cause notice to the petitioner and directing him qua the production of entire prosecution evidence before the Court on 19.03.2015 was communicated to the present petitioner. Even otherwise, the subsequent order sheets of the learned trial Court reflect that the PWs were produced and their statements stand recorded though they have not been cross-examined yet by the defence as the accused of the case was reluctant to engage his private learned counsel to cross-examine the witnesses. In this view of the matter, we are of the opinion that the impugned order passed by learned Additional Sessions Judge is harsh and against the principles of administration of justice.
7. For all discussed above, the instant petition is allowed and the impugned order dated 19.03.2015 to the extent of direction qua the registration of criminal case for offence under Section 155-C of Police Order, 2002, against the petitioner, is set aside. However, District Police Officer, Bahawalnagar, is 'directed to look into the matter and submit a report to the learned trial Court within fifteen days after receipt of this order.