Nosherwan Adil vs Altaf Hussain Shah Ss — 2025 PCrLJ 1022 ISLAMABAD

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

Nosherwan Adil VS Altaf Hussain Shah Ss. 22-a, 22-B, 154, 156(3), 190 & 200---Registration of criminal case---Power of Justice of Peace---Scope---Proceedings before the Justice of Peace, nature of---alternate statutory remedy, availability of---Refusal of the S.H.O. to register a criminal case on the ground of civil litigation and absence of cognizable offence---application filed by the respondent before Ex-Officio Justice of Peace for registration of criminal case was accepted keeping aside the police report without assigning any reason---Validity---Once Ex-Officio Justice of Peace called for the police report, he could not ordinarily brush aside the same; in case he proposed to give his opinion contrary to the police report, he was supposed to furnish tangible reasons for not relying upon the police report---Ex-Officio Justice of Peace while passing the order had not mentioned any plausible reasons for not relying on the report submitted by the police rather passed the order in a mechanical manner---In exercise of powers under S.22-a, Cr.P.C., the Justice of Peace is not supposed to proceed and act mechanically by simply considering the version of events narrated by a party applying for registration of an FIR, but instead, in order to safeguard against misuse or abuse of such process, the Justice of Peace has to apply his judicial mind and has to satisfy himself that prima facie there is some material available on record to support such version---Proceedings before Justice of Peace are quasi judicial and are not executive, administrative or ministerial to deal with the matters mechanically rather the same are quasi judicial powers, and every case before him demands discretion and judicial observations---Respondent had alternative statutory remedies under Ss. 156(3) & 190, Cr.P.C., as well as remedy to file private complaint under S.200, Cr.P.C., to press and prove his allegation before the court of competent jurisdiction---Constitutional petition was allowed while setting aside the order passed by the Ex-Officio Justice of Peace and giving liberty to respondent to file a private complaint.

Nosherwan Adil vs Altaf Hussain Shah Ss — 2025 PCrLJ 1022 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ