Samiullah vs SHO Police Station Airport Quetta Ss — 2025 YLR 1421 QUETTA-HIGH-COURT-BALOCHISTAN

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Samiullah VS SHO Police Station Airport Quetta Ss. 22-a, 22-B & 561-a---application filed before the Ex-officio Justice of Peace for registration of FIR---Scope---Record showed that complainant lodged FIR for the offences under Ss.324, 337-aD & 34, P.P.C contending therein that the petitioner fired upon him, whereby he received firearm injury on his leg---Complainant further alleged that petitioner and his brother also made assault upon him and his guest---Petitioner also received an incised wound as well as several bruises, whereafter he made an attempt to get lodged FIR before SHO but on failure to do so he resorted to file an application under S.22-a, Cr.P.C, before Ex-officio Justice of Peace for the registration of FIR against the complainant but could not succeed as his application was declined---Validity---Regarding an incident two FIRs could not be registered, however, the counter version of the adversarial party could be brought on record, including oral and documentary evidence---While declining an application filed under S.22-a, Cr.P.C, the Ex-officio Justice of Peace besides other facts mainly had to see as to whether the facts and circumstances constituted a cognizable offence or otherwise---In the peculiar circumstances of a case, if no cognizable offence was constituted then the Ex-officio Justice of Peace had ample power to decline the registration of the case, however, the Investigating Officer shall be obliged to bring on record atleast the defence of the accused in order to reach to the just conclusion---On failure to get registered the FIR, the complainant might resort to the alternate remedy by filing a private complaint as contemplated under S.200, Cr.P.C---Facts and circumstances as well as the MLC of the petitioner showed that injuries prima facie squared under the offence of S.337-a(i), P.P.C, which was not a cognizable offence---Thus, the decision made by the Ex-officio Justice of Peace was justified, suffering from no error of law and fact---Petition being devoid of was dismissed, in circumstances.

Samiullah vs SHO Police Station Airport Quetta Ss — 2025 YLR 1421 QUETTA-HIGH-COURT-BALOCHISTAN

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