Shahzad vs Ex-Officio Justice of Peace Ss — 2025 PCrLJ 447 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PCrLJ 447 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PCRLJ
Parties: Shahzad vs Ex-Officio Justice of Peace Ss
Subject matter: Criminal
Provisions referred to: S. 11---E; S. 22-; S. 154; Civil Procedure Code (V of 1908)

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

Shahzad VS Ex-Officio Justice of Peace Ss. 22a & 22B--- Civil Procedure Code (V of 1908), S.11---Ex-officio Justice of Peace, proceedings before---Principle of res-judicata--- applicability--- Petitioner was aggrieved of dismissal of his complaint by Ex-officio Justice of Peace on the principle of res judicata--- Validity--- Principle of res judicata postulates that when parties have litigated a claim before a court of competent jurisdiction and it has finally decided the controversy, interest of State and of parties requires that validity of such claim and matters directly and substantially in issue in the action should not be litigated again by them or their representatives--- Ex-officio Justice of Peace exercised quasi-judicial functions under S.22-a(6) Cr.P.C., and principle of res judicata was applied to applications made to him seeking direction to officer in-charge of a police station to register FIR under S.154 Cr.P.C.--- Such principle did not bar institution of a private complaint as it was an independent statutory remedy--- High Court declined to interfere in order passed by Ex-officio Justice of Peace as the same was based on correct application of law--- Constitutional petition was dismissed accordingly.

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