Wajid Usman vs Qabil Khan Ss — 2024 PCrLJ 1094 PESHAWAR-HIGH-COURT

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

Wajid Usman VS Qabil Khan Ss. 22-a & 561-a---Constitution of Pakistan, art. 199---Constitution petition---Petition filed under S.22-a, Cr.P.C by the respondent for the registration of criminal case was accepted by the Ex-officio Justice of peace---Validity---Record showed that the daughter of the respondent was married to the petitioner and allegedly she committed suicide---Incident was entered in Mad No. 15 and an inquiry into the incident was initiated but the respondent being not satisfied with the inquiry proceedings, filed application under S. 22-a, Cr.P.C, before the Ex-officio Justice of Peace, which was allowed---Local police initiated inquiry under S. 174, Cr.P.C, to inquire about the death/suicide of the deceased---Purpose of such inquiry was always meant to collect evidence in respect of the unnatural death of deceased, to unearth the actual circumstances which led to the cause of death and also to avoid nomination of innocent persons---Record showed that local police, in view of the medical report and evidence collected during inquiry, had already submitted its report to the Illaqa Judicial Magistrate---On the other hand, the Ex-Officio Justice of peace on the application of respondent No.1 had passed the impugned order for registration of FIR merely on the assertion of respondent No.1, without seeking any report from the local police or summoning record of the inquiry being conducted---Justice of Peace had to apply its mind to the assertions made in the application and examine all facts and circumstances, before passing order for the registration of case, instead of passing an order in a mechanical manner---Constitution petition was allowed by setting aside the impugned order, in circumstances.

Wajid Usman vs Qabil Khan Ss — 2024 PCrLJ 1094 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ