Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Syed Waseem Saqlain Gillani has challenged the legality and propriety of order dated 25.08.2020 passed by the learned Ex-Of ficio Justice of Peace, Lahore whereby petition under Section 22-A Cr.P.C. filed by the petitioner seeking direction for the registration of a criminal case against Respondents No. 4 to 9 (hereinafter called as respondents) was dismissed.
2. Succinctly , the facts necessary for disposal of instant writ petition are that the petitioner filed a petition under Section 22-A Cr.P.C. seeking a direction for the registration of a criminal case against respondents alleging therein that they being employee of Telenor Microfinance Bank Ltd. (TMBL) in connivance with each other disbursed advanced ghost loan, embezzled huge amount and falsified location loans portfolio, as such committed the offence of criminal breach of trust. 'Learned Ex-Of ficio Justice of Peace, after obtaining a report from the police, refused to issue direction for the registration of case. Hence, this petition.
3. I have heard learned counsel for the parties and learned Law Officer appearing for the State and perused the record.
4. From the contents of the application prima facie a cognizable offence is made out. The observation of the learned Ex-of ficio Justice of Peace that the petitioner has failed to produce any inquiry or audit report to substantiate his version is devoid of any legal backing. The purpose of FIR is to set the law into motion and there is no need of preliminary inquiry before lodging of formal FIR. Genuineness or falsehood of the accusation can only be thrashed out during investigation after registration of the case. Learned Ex-Officio Justice of Peace while passing impugned order has failed to comprehend correct position of law and passed the order in a hasty manner which cannot be allowed to hold field.
6. The epitome of above discussion is that the petition in hand is allowed, impugne d order dated 25.08.2020 is set aside and Respondent No. 3 is directed to record the statement of the petitioner and proceed further strictly in accordance with law .