AKBAR HARIFAL vs ZAHID NOOR Ss — 2022 YLR 953 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 953 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: AKBAR HARIFAL vs ZAHID NOOR Ss
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

AKBAR HARIFAL VS ZAHID NOOR Ss. 22-a & 22-B---Powers of Ex-officio Justice of Peace---Registration of FIR---Element of mala fide---Scope---Petitioners assailed order passed by Ex-officio Justice of Peace whereby criminal case was ordered to be registered against them---Order for registration of FIR against the petitioners was passed without affording them an opportunity of hearing---Respondent was arrested in FIR on the complaint of one of the petitioners---Petitioner had alleged that a passenger van and official vehicle of the petitioners collided and there was no damage to any vehicle, the passenger van also went away and vehicle of the petitioners also proceeded, meanwhile the respondent forcibly stopped the official vehicle, resisted and damaged the shirt of the levies official but on the other hand respondent claimed that the petitioners and other levies officials took him to a place where he was tortured and wrongfully confined for ten hours---No medical certificate about injuries to the respondent was available on record---Prompt FIR was lodged against him and he was arrested on the same day, therefore, no question of wrongful confinement arose---Respondent had filed the application under S. 22-a, Cr.P.C. in order to harass and humiliate the public servants---Element of mala fide was apparent from the conduct of respondent---Constitutional petition was allowed and the impugned order was set aside, in circumstances.

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