Through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner prayed for setting aside the order-dated 06.05.2014 pasted by the learned Additional Sessions Judge, Lahore in his capacity as Ex-officio Justice of Peace.
2. Arguments heard. Record perused.
3. From the record available on the file, it reveals that the petitioner was one of the development partner of the LDA and they purchased land measuring 95-Kanal 13 Marlas for LDA City project from the real owner of the land namely Jawad Hassan on 28.01.2014 through registered sale-deed. It was obse rved that in the application for registration of criminal case, the description of the land and the length of the land under possession and cultivated by the Respondents No. 3 to 6 was not mentioned therein. Mere mentioning that they took some area from Sheikh Javed on "Thaika", was no description of the land/area and did not satisfy the requirement of law to establish place of occurrence. The application for registr ation of criminal case must contain particulars adequately revealing the locality and the land where alleged occurrence took place. None mentioning of the description of the place of occurrence and the fact that the petitioner is one of the development partner of the LDA indicates that the Respondents No. 3 to 6 did not appro ach the learned Ex-ofiicio Justice of Peace with clean hands. While approaching the Court, a litigant must state correct facts and come with clean hands. In every case careful exercise is also necessary to ensure that the allegations are not motivated by extraneous considerations and imposes an obligation upon the litigant to disclose the true facts and approach the Court with clean hands. Sections 22-A, 22-B, Cr.P.C empowered the justice of peace for issuance of directions for registration of case but this power was never supposed to be exercised in a mechanical manner . The Courts were never supposed to shut their eyes from other aspects of the case and to pass order for registration of case on false applications of the complainant.
4. For the foregoing reasons, petition in hand stands accepted and impugned order dated 06-05-2014 passed by Ex-of ficio Justice of Peace/Addl. Sessions Judge, Lahore is hereby set aside .