This order shall dispose of Intra Court Appeals No. 636/2014, 637/2014 and 29/2015 involving common questions of law and facts.
2. Above noted three Intra Court Appeals under Section 3 of The Law Reforms Ordinance, 1972 have been filed by Mst. Mumtaz Yaqoob, Mst. Gulshan Bibi and Muhammad Anwar (hereinafter referred as appellants) against consolidated order dated 22.05.2014 passed by the learned Single Judge-in-Chamber, whereby Writ Petition No. 6123/2014, 6080/2014 and 6081/2014, filed by Muhammad Tahir (hereinafter referred as Respondent No. 3) were accepted and the orders dated 26.2.2014, passed on the applications filed under Section 22-A & B Cr.P.C. were set aside.
3. Necessary facts leading to the filing of instant appeals are that the appellants moved three applications under Sections 22-A & 22-B Cr.P.C. before the learned Ex-Officio Justice of the Peace seeking a direction to the SHO concerned for registration of F.I.R against Respondent No. 3 and others, who vide orders dated 26.2.2014 disposed of the same directing the SHO concerned to record the statements of the appellants and proceed further in accordance with provisions of Section 154, Cr.P.C.
Feeling aggrieved by the said order, Respondent No. 3 filed Writ Petitions No. 6123/2014, 6080/2014 and 6081/2014, which have been accepted by the learned Single Judge-in -chamber vide consolidated order dated 22.5.2014, impugned herein, hence the above mentioned Intra-Court Appeals.
4. It has been contended by the learned counsel for the appellants that while passing the impugned order, the learned Single Judge in Chamber has not appreciated the true facts and circumstances of the case, which resulted into grave miscarriage of justice, as such, the impugned order is liable to be set aside.
5. On the other hand, learned Additional Advocate General assisted by learned counsel for Respondent No. 3 has supported the impugned order by contending that while passing the impugned order the learned Single Judge in Chamber has applied his independent judicial mind to the facts and circumstances of the case, as such, he has rightly passed the impugned order, which is not called for any interference, therefore, the above said Intra Court Appeals may be dismissed.
6. Arguments heard and available record perused.
7. Perusal of the record shows that allegations of demolishing the houses, harassment to the women folk and taking away the debris from there have been leveled in the applications under Sections 22-A & B Cr.P.C. by the appellants against Respondent No. 3 and others but as per police report submitted before the learned Ex-officio Justice of Peace, the contents of the said applications were reported to be false and incorrect. It is categorically mentioned by the police in their comments that there is previous enmity between the parties on the murder of three persons from the side of Respondent No. 3 and in this regard the said respondent has registered a criminal case bearing F.I.R No. 17/2013 under. Sections 302, 148, 149 PPC against Sikandar, Muhammad Qamar alias Qamri, Muhammad Qayyum and Muhammad Usman, sons of appellant Mumtaz Yaqoob, Tariq husband of appellant Gulshan Bibi and Nasrullah son of appellant Muhammad Anwar, who are proclaimed offenders in this case.; It is further reported that the household articles of appellant Mumtaz Yaqoob have been kept in the house of her close relative, who is brother-in- law of Yaqoob, husband of said appellant. It is also reported by the police that during spot inspection, the houses of the appellants were found to be demolished but it was not conclusively opined that the same were demolished by Respondent No. 3 and others. Hence, in this back ground, the learned Single Judge in Chamber has rightly held that while passing the orders dated 26.2.2014, learned Ex. Officio Justice of Justice has overlooked the above said facts and circumstances of the case in its true perspective and as such, said orders were rightly set aside through the impugned order. We find no illegality or perversity in the impugned order, which is based on cogent reasons and needs no interference by us.
8. For the reasons discussed above, the above mentioned Intra Court appeals being devoid of any merit are dismissed.