Azhar Fazal vs Additional Sessions Judge Ss — 2026 PCrLJ 986 LAHORE-HIGH-COURT-LAHORE

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Azhar Fazal VS Additional Sessions Judge Ss.22-a & 22-B--- Penal Code (XLV of 1860), Ss. 342 & 506--- Sugar Factories Control act (XXII of 1950), Ss. 13-a & 21(b) [as amended by Sugar Factories (Control) (amendment) act(XV of 2021)]---Constitution of Pakistan, art. 199---Constitutional petition---Non-payment of cane price, wrongful confinement and criminal intimidation---Report of Deputy Commissioner, absence of---Cane Commissioner---Jurisdiction---Liability of occupier of factory--- Petitioners were aggrieved of order passed by Ex-Officio Justice of Peace directing police to register case against petitioners after recording statement of respondent / complainant--- Validity---aformal report by any of the officers mentioned in S.21(b) of Sugar Factories Control act, 1950 [as amended]to the police is required to make the reported act or offence cognizable and being so---First Information Report could not to be registered upon report of an individual as the provision had excluded everyone including the grower--- Comments received by Ex-officio Justice of Peace from Deputy Commissioner were not to be taken as a report in terms of S.21(b) of Sugar Factories Control act, 1950 [as amended]--- Order passed by Ex-Officio Justice of Peace, to the extent of registration of case against petitioners under the provisions of Sugar Factories Control act, 1950 [as amended], was set asideas the same was not maintainable--- High Court declined to interfere in the order passed by Ex-officio Justice of Peace to the extent of allegation of Ss.342 & 506 P.P.C., which offences were cognizable in nature--- High Court directed police to record statement of respondent / complainant and proceed in accordance with law--- Constitutional petition was dismissed accordingly.

Azhar Fazal vs Additional Sessions Judge Ss — 2026 PCrLJ 986 LAHORE-HIGH-COURT-LAHORE

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