FAISAL HAYAT vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) Ss — 2024 YLR 1037 ISLAMABAD

Case information

Citation: 2024 YLR 1037 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: YLR
Parties: FAISAL HAYAT vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) Ss
Subject matter: Criminal
Provisions referred to: S. 22-; S. 200

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

FAISAL HAYAT VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, ISLAMABAD (WEST) Ss. 22a & 22B---Constitution of Pakistan, art. 199---Constitutional petition---Ex-officio Justice of Peace---Jurisdiction---Petitioner/complainant was aggrieved of order passed by Ex-officio Justice of Peace declining to direct police to register FIR on the basis of his complaint---Validity---Role of Ex-officio Justice of Peace is not to manage or deal with applications mechanically but the same must be done with due application of mind and demands due discretion and judgment---Ex-officio Justice of Peace before issuing a direction on a complaint for non-registration of a criminal case under S. 22-a, Cr.P.C., must be satisfied that sufficient material is available on record and applicant has approached higher police officers before invoking jurisdiction of Ex-officio Justice of Peace---Petitioner/complainant and respondent/proposed accused were locked in protracted business dispute and petitioner's / complainant's complaint before police was to convert business dispute into a criminal one---Petitioner/complainant was not rendered remediless but had his remedy under S. 200, Cr.P.C., to lodge private complaint instead--- Constitutional jurisdiction under art. 199 of the Constitution necessitated that violation of any law be shown for directions to be issued thereunder---High Court declined to interfere in order passed by Ex-officio Justice of Peace as petitioner/ complainant failed to show violation of any law---Constitutional petition was dismissed, in circumstances.

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