This Intra Court Appeal, filed under Section 3 of Law Reforms Ordinance, 1972, calls in question, the order dated 25.09.2018, passed by the learned Single Judge in Chamber , in Writ Petition No. 13715 of 2018, whereby the said petition has been dismissed in limini .
2. An application was moved by the S.D O. MEPCO, Tounsa Rural Sub-Division, Tounsa Sharif, District Dera Ghazi Khan, before the Ex-officio Justice of Peace, Tounsa Sharif, whereby registration of a criminal case, under Sections 419/420/468/471 PPC, against the appellant and others was sought, on the grounds that FIRs No. 195/2017, 230/2017, 234/2017, 252/2017, 04/2018, 10/2018, 18/2018 and 19/2018, for theft of electricity , were registered against the present appellant and others, named in the application; all had applied for pre-arrest bail before the learned Additional Sessions Judge, Tounsa Sharif, when on 24.02.2018, the appellant and others had contended that they had paid the deduction bills, issued to them and submitted the same in the Court and the Court had confirmed pre-arrest bail of the appellant and others. It was further contended in the application, that on verification, the above said bills, alleged and submitted by the appellant and others, before the Court, were found as bogus, hence criminal action against them was required. The Ex-of ficio Justice of Peace, through order dated 11.09.2018, had directed the SHO of Police Station City Tounsa Sharif, to record statement of the SDO MEPCO, Taunsa Sharif and proceed in accordance with law .
3. The above mentioned direction of the Ex-of ficio Justice of Peace, was challenged by the appellant, through Writ Petition No. 13175/2018, which was taken up on 25.09.2018, but dismissed in limini.
4. The stance of the learned counsel for the appellant is that no forged document was prepared by the appellant or anybody else and that true documents were filed in the Court, hence the application for registration of criminal case was totally unjustified and that even otherwise, it was the learned Court, where the documents were tendered, to look into the situation and then proceed in accordance with law .
5. Consequently , the learned Sessions Judge, Dera Ghazi Khan is directed to ask the concerned Additional Sessions Judge, Tounsa Sharif, to take up the matter in question and if it is found that the appellant and others, by filing false documents, had obtained unjustified concession of extraordinary relief of pre-arrest bail, then not only the said concession should be withdrawn, but the SHO of the concerned Police Station should also be asked to entertain the above said application of SDO MEPCO, Tounsa Sharif and take criminal action, against the nasty(s), as warranted under the law .
6. All the above mentioned proceedings should be completed within a fortnight, with intimation to Deputy Registrar (Judicial) of this Court 7: Disposed of.