Mst. Safia Bibi vs Ex-Officio Justice of Peace/ASJ, Narowal S — 2024 MLD 1780 LAHORE-HIGH-COURT-LAHORE

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Mst. Safia Bibi VS Ex-Officio Justice of Peace/ASJ, Narowal S. 22-a---Penal Code (XLV of 1860), Ss. 337a(i) & 337F(i)---Shajjah-khafifah and ghayr jaifah damiyah---Non-cognizable offence(s)---Registration of FIR---Scope --- Cross-version---Scope---Petitioner (lady) filed constitutional petition against the order passed by the Ex-officio Justice of Peace whereby on the application under S.22-a, Cr.P.C, filed by respondent /lady, the concerned SHO was ordered to record her (respondent's) cross-version---allegation of the respondent was that as her (respondent's) mother lodged an FIR against the petitioner and others that they had administered poison to her dog and due to said grudge, the petitioner and her co-accused launched an attack on respondent and while trespassing into her house causedinjuries on her body--- Submission of the respondent was that if order regarding recording of cross-version had wrongly been passed even then the High Court could pass an order for registration of FIR, as cognizable offences were made out against the petitioner---Validity---Perusal of the Medico Legal Report of respondent showed that her injuries were declared by the concerned Medical Officer as shajjah-khafifah and ghayr jaifah damiyah punishable under Ss.337a(i)/337F(i), P.P.C., which offences were non-cognizable, therefore, on the basis of Medico Legal Report of respondent, an order for registration of FIR could not be passed--- High Court set-aside the impugned order passed by the Ex-officio Justice of Peace ; resultantly the application under S.22-a Cr.P.C, filed by respondent stood dismissed --- Constitutional petition was allowed , in circumstances. Citation Name: 2024 MLD 1780 LAHORE-HIGH-COURT-LAHORE Mst. Safia Bibi VS Ex-Officio Justice of Peace/ASJ, Narowal S. 22-a---Penal Code ( XLV of 1860 ), Ss. 337a(i),337F(i) & 452--- Shajjah-khafifah, ghayr Jaifah damiyah, house-trespass---Registration of cross-version---Scope --- FIR, registration of --- Scope --- Petitioner (lady ) filed constitutional petition against the order passed by the Ex-officio Justice of Peace whereby on the application under S.22-a, Cr.P.C, filed by respondent /lady, the concerned SHO was ordered to record her (respondent's) cross-version---allegation /assertion of the respondent was that as her (respondent's) mother lodged an FIR against the petitioner and others that they had administered poison to her dog and due to said grudge, the petitioner and her co-accused launched an attack on respondent and while trespassing into her house caused injuries on her body---argument of the respondent was that a cognizable offence under S.452, P.P.C., was made out against the petitioner and other co-accused because they trespassed into the house of the respondent---Validity---Comments furnished by the police before the Ex-officio Justice of Peace categorically mentioned that as per Medico Legal Report of the respondent , her injuries were insignificant, whereas the other allegations levelled by respondent were not found to be correct ---Thus, there was no justification to pass an order for registration of FIR against the petitioner and others as no cognizable offence was prima facie made out in the present case --- High Court set-aside the impugned order passed by the ex-officio Justice of Peace ; resultantly the application under S.22-a Cr.P.C, filed by respondent stood dismissed --- Constitutional petition was allowed , in circumstances. Citation Name: 2024 MLD 1780 LAHORE-HIGH-COURT-LAHORE Mst. Safia Bibi VS Ex-Officio Justice of Peace/ASJ, Narowal S. 22-a---Registration of cross-version---Scope---Petitioner (lady) filed constitutional petition against the order passed by the Ex-officio Justice of Peace whereby on the application under S.22-a, Cr.P.C, filed by respondent /lady, the concerned SHO was ordered to record her (respondent's) cross-version---allegation /assertion of the respondent was that as her (respondent's) mother lodged an FIR against the petitioner and others that they had administered poison to her dog and due to said grudge, the petitioner and her co-accused launched an attack on respondent and while trespassing into her house caused injuries on her body---Validity---Respondent herself was member of the complainant party of the FIR already registered regarding the occurrence , therefore, recording of cross-version of a member of the complainant party of the said FIR, was not understandable---High Court set-aside the impugned order passed by the ex-officio Justice of Peace ; resultantly the application under S.22-a, Cr.P.C, filed by respondent stood dismissed---Constitutional petition was allowed, in circumstances. Citation Name: 2024 MLD 1780 LAHORE-HIGH-COURT-LAHORE Mst. Safia Bibi VS Ex-Officio Justice of Peace/ASJ, Narowal S. 22-a---Registration of cross-version---Scope---Petitioner (lady) filed constitutional petition against the order passed by the Ex-officio Justice of Peace whereby on the application under S.22-a, Cr.P.C, filed by respondent /lady, the concerned SHO was ordered to record her (respondent's) cross-version---allegation /assertion of the respondent was that as her (respondent's) mother lodged an FIR against the petitioner and others that they had administered poison to her dog and due to said grudge, the petitioner and her co-accused launched an attack on respondent and while trespassing into her house causedinjuries on her body --- Validity ---Respondent , in her application for registration of FIR , had not mentioned the date on which the occurrence took place --- Respondent moved application before the District Police Officer 8 days after her medico legal examination was conducted ---Occurrence alleged by respondent took place after four daysof earlier FIR lodged by the petitioner regarding the occurrence --- Thus, in the present case, there was no occasion for recording of cross-version of the respondent --- High Court set-aside the impugned order passed by the ex-officio Justice of Peace ; resultantly the application under S. 22-a, Cr.P.C, filed by respondent stood dismissed --- Constitutional petition was allowed, in circumstances.

Mst. Safia Bibi vs Ex-Officio Justice of Peace/ASJ, Narowal S — 2024 MLD 1780 LAHORE-HIGH-COURT-LAHORE

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