Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Fazal Hussain has challenged the vires of order dated 1.2.2018 passed by the learned Ex-Of ficio Justice of Peace, Karor-Lal-Eisan whereby in petition under Section 22-A Cr.P.C. filed by Responde nt No.3 seeking direction for the registration of criminal case against the petitioner and proforma respondents, Respondent No.2/Station House Officer, Police Station Karor , had been directed to record version of Respondent No.3 and then proceed further strictly in accordance with law under the provision of 154 Cr .P.C.
2. Brief facts necessary for disposal of present writ petition are that Respondent No.3 had filed a petition under Section 22-A Cr.P.C. seeking direction for the registration of case against the petitioner and the proforma respondents with the allegation that the mother of Respondent No.3 namely Mst. Naziran Bibi had instituted a suit for declaration against the petitioner and others alleging therein that mutation No.1856 dated 31.01.2013 sanctioned in favour of the accused persons were the result of fraud, forgery and misrepresentation. The aforesaid suit was decreed in her favour on 24.04 .2017, which has attained finality upto this Court. Mst. Naziran Bibi had subsequently approached the Revenue Department for implementation of decree dated 20.04.2017. Thereafter the petitioner and Respondent No.4 filed two successive suits for permanent injunctio n and during pendency of these suits; they got prepared a passbook on 18.12.2017 showing themselves as owner on the basis of same mutation.
Hence, this petition.
3. Arguments heard. Record perused.
4. The petitioner and the proforma respondents had been alleged to have prepared a passbook on 18.12.2017 through revenue officials showing themselves as owner of the land in question. It is not out of place to mention here that the said passbook has not been used and no agricultural loan was sanctioned on the basis of said passbook. The learned Court below directed the Station House Officer to record the statement of Respondent No.3 under Section 154 Cr.P.C. on the ground that the decree of declaration in respect of land in question had already been passed in favour of the mother of Respondent No.3 and mutation No. 1857 dated 31.1.2013 had been cancelled and the petitioner was no mere owner of the said land. I am not, in agreement with this observation as on filing of two successive suits for permanent injunction by the petitioner and Respondent No.4. The issue remained alive and the land in question was still lying in the name of the petitioner and his companion till the date when the passbook in question was prepared i.e. 18.12.2017. The perusal of record evinces that the land in question was sanctioned by the revenue authority in favour of the mother of Respondent No.3 on 25.12.2017 and till date the petitioner has every right to get a passbook prepared for the purpose of agricultur al loan. However , the law could take its own course if the petitioner had prepared the said passbook after 25.12.2017. As the said passbook had been prepared prior to that, therefore, no offence has been made out and the petitioner alongwith proforma respondents could not be held responsible for any illegal act committed by them for cheating, forgery or misrepresentation. Learned Ex-Of ficio Justice of Peace being quasi-judicial forum has to pass the order judiciously but in the case in hand he has not passed the said order with judicious mind, which requires interference by this Court.
For what has been discussed above, the petition in hand is allowed and the impugned order dated 1.2.2018 is hereby set-aside.