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PLJ 2016 Lahore 587

MUHAMMAD TAHIR vs ADDITIONAL SESSIONS JUDGE, (JUSTICE OF PEACE),

CitationPLJ 2016 Lahore 587
CourtLahore High Court
Case No.W.P. No, 6123 of 2014
Date2014-05-22
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultPetition allowed

ORDER

' By this single order, I propose to dedide W.P. No, 6080/2014, W.P. No, 6081/2014 and W.P. No, 6123/2014, for the reasons that a person against whom an FIR is to be lodged is common in all the three petitions, but the applications under Section 22-A, Cr.P.C. Were filed by different persons namely Mst. Ghulshan Bibi, Muhammad Anwar and Mst. Mumtaz Yaqoob.

2. The learned Ex-Officio Justice of Peace has also decided the three applications of the above- said persons through an order dated 26.2.2014.

3. Through all these three constitutional petitions Muhammad Tahir has assailed the legality of the above-said orders passed by the learned Ex-Officio Justice of Peace, Faisalabad whereby the concerned SHO of the police station was directed to record the versions of the three persons and to proceed with it in accordance with law. In all the three petitions, the applicants made a common allegation of demolition of their houses and removing the debris alongwith threats extended for murdering the applicants and their close relatives. In view of these allegations, the learned Ex- Officio Justice of Peace requisitioned the report from the SHO of the police station concerned who reported that Sikandar, Muhammad Qamar, Muhammad Qayyum and Muhammad Usman, the sons of the applicant Mst. Mumtaz Yaqoob, are accused of case FIR No, 17/2013 registered for the murder of three persons from the family of Muhammad Tahir's party (now petitioner) in these cases and that Yaqoob's family abandoned the village whereas Tahir's party has been confined to their houses due to the fact that all the assailants are fugitive from law and Tahir's party apprehended danger to their lives at their hands. It is further reported by the SHO that the household articles of Yaqoob's family have been kept in the house of his brother-in-law Sultan Yaqoob by the Yaqoob's party and in the garb of this, the applicants want to lodge an FIR against the complainant of case FIR No, 17/2013. The learned trial Court without looking into the report of the police has issued direction for recording the version of Yaqoob's party.

4. Parties heard. Record perused.

5, As per report of the concerned SHO of the police station, the sons of the respondents in these petitions are at large and could not be arrested by the police. In this state of affair, the allegation of demolishing the houses of those assailants and taking away household articles and debris of the house. By the complainant of that case, does not appeal to a prudent mind. This could happen if the assailants were behind the bars but due to their abscondence, no one can dare to cause any damage to their residences and taking away of their household articles, It is further evident that in order to pressurize the petitioner's side who are the complainant of FIR No 17/2013, an attempt has been made by the respondents for registration of criminal case against him. It is further very astonishing that all the three respondents have made similar allegation against the present petitioner and the Court has also Issued direction on all the three applications without applying its mind that regarding the NAM occurrence three FIRs cannot be registered at a police station. In this manner, the order passed by the learned Ex, Officio Justice of Peace is not sustainable in the eyes of law and is liable to be set aside, ' For the foregoing reasons, all the three petitions are allowed and the order dated 20,22014 passed in each petition is set aside resulting into the dismissal of the applications filed by Respondent No, 3 in each petitions under Section 22.A, Cr,P,C,

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