ABDUL HAMEED BALOCH, J.---By means of this common judgment we intend to dispose of Constitutional Petition No. (s) 01 of 2020 and No. (s) 21 of 2020, as the same have been directed against the order dated 31st December , 2019 (impugned order) of Additional Sessions Judge/Ex-of ficio Justice of the Peace Jhal Magsi at Gandawah, whereby Tehsildar Jhal Magsi was directed to register FIR against the nominated persons according to law, investigate the matter and submit challan before the concerned court. The petitioners of both the petitions prayed for declaring the impugned order being illegal, unwarranted and prayed for quashment of proceedings emerged out of the impugned order .
2. Concise facts of the instant petitions are that the respondent , No. 1 Sanaullah filed an application under Section 22-A Criminal Procedure Code (Cr.P.C.) before the Additional Sessions Judge/Ex-of ficio Justice of the Peace Jhal Magsi at Gandawah stating that on 7th November , 2019 at 5:00 p.m. Abdul Wahab Assistant Commissioner Jhal Magsi along with Levies Officials came to his house at Mouza Garh Tehsil and District Jhal Magsi and beaten Muhammad Ayub and Abdul Sattar . It was further alleged that Abdul Wahab Zehri Assistant Commissioner Jhal Magsi and Muhammad Din Banglani Levies official set on fire his resident but (Landhi) and forcibly took away both the above named persons with them and detained them in illegal confinement for three hours. It was alleged that due to fire his educational documents i.e. Form-B, Matric/Secondary School Certificate, passport, local certificate and original documents of Vehicle No. AZT-510 burnt into ashes. It was alleged that an amount of Rs. 7,400,000/- (Rupees seven million and four hundred thousand) belonging to Salar Khan were also found missing. It was alleged that the instant act was done by them on the instigation of Muhammad Jaffar Khan. It was further alleged that before this on 5th November , 2019 a false case vide FIR No. 31 of 2019 was also registered by the complainant Asghar Ali on the conspiracy of Muhammad Jaffar Khan and Assistant Commissioner Jhal Magsi, in which the respondent No. 1 has obtained protective bail from High Court on 13th November , 2019 and thereafter , went to Levies Thana for