The petitioner challenges the order dated 12.9.2018 passed by Respondent No, 1 whereby Respondent No, 4 was directed to record statement of Respondent No, 5 and to proceed under the law .
2. Learned counsel for the petitioner submitted that the learned Ex-Of ficio Justice of Peace proceeded in haste and directed the SHO to record version of Respondent No, 5 and then to proceed, under the law. Concluding his arguments, learned counsel for the petitioner submitted that non cognizable offence was spelt out as earlier the matter was thoroughly probed/ enquired into by the. Ilaqa police under Section 174, Cr.P.C. and now Respondent No 5 making somersault and only to blackmail the petitioner filed the application moved under Section 22-A and 22-B, Cr.P.C and that the order of the learned Ex--Of ficio Justice of Peace was liable to be set aside being violative of law on the subject.
3. Learned counsel for Respondent No, 5 maintained the validity of the impugned order .
4. Heard. Available record perused.
5. A review of the record demonstrates that Respondent No 5 moved an application under Sections 22-A and 22-B, Cr.P.C. to the learned Ex-Of ficio Justice of Peace on 25.6.2018. The allegations find mentioned in para-1 of the petition. Learned-Ex- Officio Justice of Peace requisitioned a report from the Ilaqe police which revealed that the matter was enquired into vide Rapat No, 20 dated 13.2.2018 and Section 174, Cr.P.C. was resorted to. The record further reflects that the medical officer could not determine the exact cause of death. No enmity was found between the parties by the investigating agency . The learned Ex-Of ficio Justice of Peace directed the SHO to record version of the Respondent No, 5 and then to proceed in due course of law. The police report dated 07.9.2018 apparently is not against the petitioner and also not favourable to the said respondent.
6. Under the law, learned Ex-Of ficio Justice of Peace is not 'bound to call for such a report and if report is requisitioned then it is either to be relied upon or the Ex-Of ficio Justice of Peac e would mention the reason to ignore the said report. As mentioned above, in this case the report is favourable to the petitioner .
7. In the circumstances, the SHO (Respondent No, 4) is directed also to record version of the petitioner and to proceed strictly under the law on the basis of version, whichever is found correct.
8. Disposed of, accordingly .