MUHAMMAD JAFFAR MAGSI vs SANAULLAH S — 2021 PLD 63 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PLD 63 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PLD
Parties: MUHAMMAD JAFFAR MAGSI vs SANAULLAH S
Subject matter: Criminal
Provisions referred to: S. 22-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD JAFFAR MAGSI VS SANAULLAH S. 22-a---Ex-officio Justice of Peace, powers of---Registration of FIR---Reasons to be furnished for passing an order contrary to the police report---Scope---Ex-officio Justice of Peace on application of the respondent under S.22-a, Cr.P.C. containing allegations that the assistant Commissioner along with Levies Officials came to his house, beaten two persons, detained them for three hours, set his residential hut on fire as a result of which his educational documents were burnt into ashes not only that an amount of rupees seven million and four hundred thousand were found missing, in view of such circumstances, Tehsildar be directed to register FIR against the nominated persons---Ex-officio Justice of Peace had obtained report from the concerned Tehsildar which had elaborated that no such offence took place, however, despite such report Ex-officio Justice of Peace had ordered for registration of FIR without any corroborative material from the complainant---Ex-officio Justice of Peace was not required to blindly allow a request of the complainant and to believe the averments of the complaint as gospel truth---Ex-officio Justice of Peace was supposed to furnish tangible reasons for not relying upon the solicited report---Constitutional petitions were allowed and the order passed by Ex-officio Justice of Peace was set aside.

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