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Tariq Mehmood vs Additional Sessions Judge/Ex-Officio Justice of Peace Ss — 2025 YLR 86 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 YLR 86 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
YLR
Parties
Tariq Mehmood vs Additional Sessions Judge/Ex-Officio Justice of Peace Ss
Subject matter
Criminal
Provisions referred to
S. 489-F---I; S. 561-; S. 489-F; S. 22-; S. 154; Penal Code (XLV of 1860)

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

Tariq Mehmood VS Additional Sessions Judge/Ex-Officio Justice of Peace Ss. 561-a, 22-a & 154---Penal Code (XLV of 1860), S. 489-F---Inherent powers of High Court under S. 561-a, Cr.P.C.---Scope---Powers of Ex-officio Justice of Peace---Order passed by Ex-officio Justice of Peace for the registration of FIR under S.489-F, P.P.C---Petitioner assailed order passed by Ex-officio Justice of Peace and sought quashing of the same---Petitioner borrowed Rs. 400,000/- from complainant and issued post-dated cheque for its repayment, but it was dishonoured upon presentation due to insufficient funds---Petitioner neither disputed his signature on the cheque nor that it was drawn on his account---Section 154, Cr.P.C., mandated the officer in charge of a police station to register FIR when informed about the commission of a cognizable offence---Officer in charge of a police station could not determine the veracity of the information/allegations at such stage---application under S.22-a, Cr.P.C., submitted by complainant prima facie indicated the commission of a cognizable offence---Therefore, the SHO must proceed under S.154, Cr.P.C. and investigate the various aspects of the case---Impugned order did not require interference by the Court---Petition had no merit and was accordingly dismissed.

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