By filing this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution), Shumaila Amjad, petitioner has assailed the legality and propriety of order dated 6.1.2020 passed by learned ex-of ficio Justice of the Peace/Additional Sessions Judge, Lahore, operative part of which reads as under: "There is no reason to discard the report of the Senior Police Officer , in a thorough probe made by the police petitioner fails to substantiate her cause, therefore, the instant petition does not disclose any cognizable offence.
The factum of giving amount as a trust/Amanat is not proved. Therefore, I lay my hands off to pass any desired direction for registration of criminal case."
2. Learned counsel for the petitioner submits that contents of application in terms of Section 22-A(6) Cr.P.C. submitted by the petitioner before ex-of ficio Justice of the Peace seeking direction for registration of criminal case disclosed commission of a cognizable offence, as such it was obligation of the ex-of ficio Justice of the Peace to issue direction for registration of case but relying on fake report submitted by the police, application of the petitioner was dismissed.
3. Arguments heard. Record perused.
4. Perusal of impugned order evinces that on application of the petitioner , ex-of ficio Justice of the Peace sought report from the police and after perusal of report so made by senior police officer after thorough probe, came to conclusion that in the present case 'entrustment of property' was not proved which was basic ingredient so as to constitute an offence as defined in Section 405 P.P.C. punishable under Section 406 P.P.C. as the amount was given to the proposed accused/respondent No. 5 for running business. If this be so, then the amount was handed over by the petitioner to the proposed accused for investment in business and not as entrustment. In the circumstances, learned ex-of ficio Justice of the Peace has rightly exercised the jurisdiction while dismissing the application of the petitioner . Steering thought in this regard has been gathered from the case "Hashmat Ullah v.
The State and others" (2019 SCMR 1730 ). Even otherwise powers under Section 22-A(6) of the Cr.P.C. are discretionary and not mandatory in nature. It is discretion of ex-of ficio Justice of the Peace if in his estimation a cognizable offence has been committed, then he may issue direction for registration of a criminal case but he cannot be made bound to pass such direction. The law expects him to apply judicious conscious while passing such order and not to pass stereo style orders in haste. The impugned order does not warrant any interference by this Court while exercising constitutional jurisdiction. As such the instant writ petition being devoid of merit is dismissed in limine.
5. However , the petitioner , if so advised, may avail alternate remedy by filing private complaint before the learned Magistrate, who will proceed with the same in accordance with law without influenced by the order impugned herein or any observation of this Court.