Malik Mashooq-ur-Rehman vs State Ss — 2025 YLR 2606 Gilgit-Baltistan Chief Court

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Malik Mashooq-ur-Rehman VS State 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/ petitioner filed an application before the SHO, police station concerned, stating therein that the respondent No. 2 and six others had demolished the compound wall of the petitioner and entered unlawfully into the lands of petitioner and took away articles owned by the petitioner---Station House Officer concerned had refused to register FIR against the respondent No. 2---Petitioner filed application before the Ex-officio Justice of Peace seeking direction for lodging of FIR against the respondent No. 2 but said application was dismissed by the Ex-officio Justice of Peace---Validity---admittedly, the respondent No. 2 had filed a civil suit against the petitioner in the Court of Senior Civil Judge in respect of disputed property---Record transpired that the petitioner wanted to prosecute the present respondent No. 2 on account of a pure civil dispute pending before the Senior Civil Judge---No doubt Ex-officio Justice of Peace could not go into veracity of the information/complaint but at the same time it was permissible for him to examine the complaint---Thus, the Ex-officio Justice of Peace had not violated any provisions of law by dismissing application of the petitioner filed under Ss.22-a & 22-B, Cr.P.C---Respondent No. 2 had also lodged FIR against the petitioner under Ss.506, 337-F(ii), 427 & 34, P.P.C---Petitioner could not point out any illegality or irregularity in the impugned order passed by the Ex-officio Justice of Peace warranting interference of High Court by invoking its inherent power under S.561-a, Cr.P.C---Petition being bereft of merit was dismissed, in circumstances.

Malik Mashooq-ur-Rehman vs State Ss — 2025 YLR 2606 Gilgit-Baltistan Chief Court

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