' Through this constitutional petition, petitioner has challenged the vires of order dated 04.07.2015 passed by learned Justice of Peace, Sahiwal whereby petition filed by the petitioner under Sections 22-A & 22-B, Cr.P.C. Against Respondents No, 4 & 5 was dismissed being not maintainable.
2. Brief facts of the case are that on 07.08.2014 respondents in absence of petitioner after breaking locks not only took possession over her house but also took away house hold articles. It was further alleged that on 08.08.2014 when she came at her house, the respondents caused injuries to her and also extended threats of dire consequencs. The matter was reported to the local police but no action was taken.
3. Learned counsel for the petitioner contended that earlier petitioner filed petition under Sections 22-A & 22-B, Cr.P.C. Before the learned Justice of Peace which was accepted vide order dated 24.02.2015 with direction to SHO to register the case and proceed in accordance with law, which order was assailed by Respondent No, 4 by filing Writ Petition No, 2956/15 titled "Muhammad Sadiq vs. ASJ etc" before this Court and this Court vide order dated 10.03.2015 directed the SHO to record the version of Respondent No, 4 and then proceed further under Sections 154, 155 or 157, Cr.P.C. And if required under Section 182, PPC whereafter again Respondent No, 4 in connivance with Respondents No, 5 got recorded rapt No, 21 dated 20.03.2015 regarding said occurrence. Feeling aggrieved said rapt, the petitioner moved petition before learned Justice of Peace, who dismissed the same being not maintainable vide order dated 04.07.2015. He next added that order passed by learned Justice of Peace is against the law and facts of the case as act of Respondent No, 2/SHO while recording Rapat No, 21 dated 20.03.2015 is illegal, therefore, same may be set-aside and direction be issued to SHO to record statement of the petitioner under Section 154, Cr.P.C. And then to probe the matter.
4. On the other hand, learned A.A.G appearing on Court's call has opposed this petition and supported the impugned order of the learned Justice of Peace.
5. I have heard the learned counsel for the petitioner, learned AAG and perused the record as well as impugned order passed by learned Justice of Peace.
6. The learned Justice of Peace, Sahiwal vide order dated 24.02.2015 had directed the SHO of the Police Station to register the case and proceed with it in accordance with law. The SHO was bound to record the statement of the petitioner under Section 154, Cr.P.C. And then to take further proceedings under the relevant provision of law, who instead of recording the statement of the petitioner under Section 154, Cr.P.C. Has proceeded to take proceedings under Section 157, Cr.P.C.
Which are illegal. Sections 154 & 157, Cr.P.C. Deal with different contingencies. The former provides for recording of F.I.R at the instance of complainant while Section 157, Cr.P.C. Deals with the procedure for investigation of cognizable offence. The later provisions deals with the conclusion of investigation of the police or to refuse to investigate the certain cases but this power should not be confused with his initial responsibility to record the F.I.R. The SHO has no choice but to record the F.I.R, although he has discretions, which conducting investigation.
7. Since the order passed by learned Justice of Peace has not been implemented by the SHO concerned, therefore, he is directed to record the F.I.R in compliance with order of learned Justice of Peace Sahiwal and send a copy of the same to this Court through Deputy Registrar (Judl) of this Court. With this observation, petition in hand is disposed of.