Rai MANSAB ALI vs ALLAH DITTA, A — 2023 YLRN 51 LAHORE-HIGH-COURT-LAHORE

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

Rai MANSAB ALI VS ALLAH DITTA, A.S.I. S. 22-a---Ex-officio Justice of Peace, powers of---Scope---appellant had filed a petition under S.22-a, Cr.P.C., seeking direction for the registration of criminal case against police officials for trespassing into the house of appellant, outraging the modesty of womenfolk and commission of dacoity on gunpoint while taking away precious articles from his house---Validity---Justice of Peace, being quasi-judicial forum, had to pass such like orders judiciously and he had rightly appreciated the controversy between the parties keeping in view the commission of cognizable offence---Single Judge of High Court had referred the matter to the District Police Officer with the direction to summon both the parties, hear them out and proceed strictly in accordance with law without being prejudiced from the order passed by the Justice of Peace and disposed of the matter---Exercise undertaken by the Single Judge amounted to putting the cart before the horse---Genuineness or otherwise of the accusation made against the proposed accused was serious in nature, which required for thorough probe during investigation after registration of the case especially, when it was against the police officials---Single Judge had failed to appreciate the actual facts of the case and thereby committed material irregularity and illegality while passing the impugned order, which warranted interference---Order passed by Single Judge was set aside and the S.H.O. concerned was directed to record the statement of petitioner under S. 154, Cr.P.C. appeal was allowed, in circumstances.

Rai MANSAB ALI vs ALLAH DITTA, A — 2023 YLRN 51 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported