MEHMOOD AHMAD vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, NAROWAL Ss

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MEHMOOD AHMAD VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, NAROWAL Ss. 22-a & 22-B---Ex-officio Justice of Peace, powers of---adequate remedy---Scope---Petitioner assailed the order passed by Justice of Peace whereby he had declined the request for issuance of direction for registration of FIR---Validity---If the FIR was refused to be registered by the police then other remedies were available for the aggrieved party; firstly, by approaching the Sessions Judge/Ex-Officio Justice of Peace, for exercising of power under S. 22-a(6), Cr.P.C; secondly, by approaching the Magistrate for exercising of power under S. 156(3), Cr.P.C; and lastly, by filing a direct complaint under S. 200, Cr.P.C.---allegedly, the petitioner in the first instance approached the concerned SHO for registration of the FIR but he was refused, thereafter the petitioner had availed the second remedy of filing application under Ss. 22-a & 22-B, Cr.P.C. before Ex-Officio Justice of Peace/Sessions Judge, where his application was dismissed---Petitioner had not availed two other remedies available for him for redressal of his grievance---In such circumstances, invoking of writ jurisdiction in the presence of adequate remedy being available was not desirement of law---In the case in hand, alleged forged agreement to sell was used by the proposed accused in a civil suit for specific performance of agreement to sell, which was admittedly decreed, against which application under S. 12(2), C.P.C. of the petitioner was pending but the operation of the judgment and decree had not been suspended---Moreover, Criminal Court was barred to take cognizable of the matter relating to civil agreement which was already under challenge before the civil Court---Petition was dismissed in limine. Citation Name: 2024 PCrLJ 786 LAHORE-HIGH-COURT-LAHORE MEHMOOD AHMAD VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, NAROWAL Civil and criminal proceedings---Same subject---Stay of criminal proceedings---Principles---Where the ultimate criminal liability depends on the fate of civil lis, the criminal proceedings are, by operation of law, required to be stopped.

MEHMOOD AHMAD vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, NAROWAL Ss — 2024 PCrLJ 786 LAHORE-HIGH-COURT-LAHORE

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