Suleman Shahbaz Sharif vs Additional Sessions Judge Ss — 2026 YLR 222 LAHORE-HIGH-COURT-LAHORE

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Suleman Shahbaz Sharif VS Additional Sessions Judge Ss. 22-a, 22-B & 154---Constitution of Pakistan, art. 199---Constitutional petition---Powers of Ex-officio Justice of Peace---Scope---Petitioner assailed order passed by Ex-officio Justice of Peace who accepted the petition filed by respondent under Ss.22-a& 22-B of Cr.P.C and directed the SHO to record the statement of respondent under S.154,Cr.P.C. and proceed with the matter strictly within law---Validity---Perusal of the application for registration of case, revealed that respondent No. 2 supplied 17 laptops valuing Rs. 11,66,000/- to the petitioner's company, against which two cheques amounting to Rs. 2,48,000/- and Rs. 3,90,000/- total valuing Rs. 6,88,000/- were handed over to respondent No. 2, which was submitted with the bank and the same was dishonoured due to stop payment instruction---admitted fact was that the application for registration of the case was submitted with SHO concerned on 18.06.2025, much before submitting of application for registration of case---Petitioner, through reply dated 03.06.2025, denied the liability towards respondent No.2 and also informed him that legal action had been taken against the employees, who issued fake cheques---Said facts were in the knowledge of respondent No.2.---However, by concealing the real facts, respondent No.2 moved an application for registration of case and thereafter filed a petition under Ss.22-a and 22-B of Cr.P.C. before the Court of Ex-Officio Justice of Peace, who requisitioned the report from respondent No.3.---admitted fact that the petitioner was not made party to the proceedings before the Ex-Officio Justice of Peace nor his address was given in the application for registration of case by respondent No.2---Ex-Officio Justice of Peace passed order dated 10.07.2025 without receiving report and directed the S.H.O to record statement of respondent No.2 under S.154 of Cr.P.C.---Respondent No.2 admitted all said documents and the proceedings that took place between the petitioner's company and respondent No.2---Respondent No.2 had not mentioned who handed him the alleged cheques, which were subsequently dishonored---Sections 22-a & 22-B, Cr.P.C., empowered the Justice of Peace to issue directions for the registration of the case, but that power was never supposed to be exercised mechanically---Courts were never supposed to overlook other aspects of the case and to pass an order to register the case on the complainant's false application---Respondent No. 2, if he wished, could join the proceedings in the FIR mentioned and record his version---Petition was accepted, in circumstances.

Suleman Shahbaz Sharif vs Additional Sessions Judge Ss — 2026 YLR 222 LAHORE-HIGH-COURT-LAHORE

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