SH. NAJAM-UL-HASAN, J.--- It is contended that one Shabbir Ahmad and Mst. Roqia Bibi died while they were alone in their own house due to fire and the matter was reported to the police on the next morning i.e. on 30.12.2009 by Nazir Ahmad, present petitioner and police registered Rapt in the daily diary of the Police Station. In that Rapt it was requested that inquiry be conducted regarding the death of above-said person, the matter was referred to the Illaqa Magistrate who under section 174, Cr.P.C. started the inquiry regarding the death of the deceased but the same has not been finalized. Even doctor after getting post-mortem sent some ingredients of different visceral of dead-body to the of fice of Chemical Examiner and the report is still awaited.
2. Learned counsel for the petitioner states that as the matter is still pending before the Illaqa Magistrate and the matter was earlier reported on 30.12.2009, which was registered through Rapt in daily Diary , so new F.I.R. could not be registered.
3. I have gone through the contents of the petition and also heard the arguments of learned counsel for the petitioner and learned Assistant Advocate General. In this case after the death the matter was reported to the police who recorded the statement of the complainant and inquiry was referred to the Illaqa Magistrate under section 174, Cr.P.C. which is still awaited. In these circumstances, it will be appropriate that matter be deferred till the report of the Illaqa Magistrate. Initially the complainant has reported the matter to the police without making any allegation against any one and as such inquiry under section 174, Cr.P.C. started. At this stage, the petitioner has got other adequate remedy of filing a private complaint, if so advised. Apparently order dated 19.1.2010 passed by the Ex-Officio Justice of Peace is pre-mature. Consequently , as the matter has already been reported to the police on 30.12.2009 so at this stage, F.I.R. should be awaited till the decision of the Illaqa Magistrate in inquiry under section 174, Cr.P.C. With this observation, the order dated 19.01.2010 is set aside and this petition stands disposed of.