Writ Petition against the dismissal of a petition U/S 22-A/B Cr.P-C
Purpose: to impugn the order of a justice of peace, whereby he dismissed the petition U/S 22-A/B Cr.P.C.
Forum: High Court
Parties /title: Implead all the parties of a petition under section 22 A/B including Justice
of Peace and State.
PETITION U-A-
199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN
Respectfully
Sheweth,
The brief facts
leading to the instant petition are that the petitioner moved an application
before respondent No.2 vide No. PPKR-5/5/2022-544 dated 0305.2021 for
registration of a criminal case which was entrusted to respondent No. 3 for
necessary legal action, after receiving the said application, respondent No. 3
marked the same to respondent No. 4 for verifying the facts of the case. After verifying
the facts and figures of the case, respondent No. 4 did not register a criminal
case against the culprits and started lingering on the matter without any
reason or justification, and subsequently, the application of the petitioner was
converted into the preventive proceeding U/S 107 & 151 PPC which is totally
illegal, unlawful and against the norms of the criminal justice system because
the spirit of section 154 Cr.P.C is categorically clear that if the cognizable offense
is made out, then the concerned police is duty bound to register a criminal
case.
That being
aggrieved of the said act of respondent No. 4, the petitioner, filed petition
U/S 22-A Cr. P.C before the learned Ex-Officio Justice of Peace Rawalpindi,
upon which the comments of police were summoned, and after hearing both the
parties, the learned court dismissed the petition U/S 22-A Cr. P.C vide order
dated 03.06.2021 with the observation that the criminal case U/S 365-B PPC has
already been got registered against the petitioner and it seems that the
petitioner has filed this petition as a counterblast to the said criminal case
against respondent No. 5, hence this writ petition on following:-
G R O U N D S
That while deciding the petition, the learned court observed that the
petitioner wants to drag her real brother in a criminal case just to
counterblast the criminal case which is got registered against her.
That the said observation is totally against the record and facts of
the case because the said criminal registered by respondent No. 5 against one
of Raja Azam Mehmood nominated accused in the said crime report, in which the
petitioner is an abductee who put her appearance before the learned Area Magistrate
and made a statement that she was not abducted by anyone and on the said
statement of the petitioner, the said criminal case was canceled by the local
police but unfortunately, the learned Justice of Peace while dictating the
impugned order could not go through the fact of the case and passed the
impugned order in a routine manner.
That despite all efforts, the respondents are refusing to lodge an FIR,
under the relevant provision of the law.
That the impugned order is amount to infringing the fundamental rights
of the petitioner.
That no other efficacious and speedy remedy is available to the
petitioner except to invoke the jurisdiction of this Hon’ble Court, hence this
petition.
Prayer
In view of the above,
it is most respectfully prayed that an instant writ petition may kindly be
issued and the order dated 03.06.2021 passed by the learned Additional Session
Judge/Justice of Peace may kindly be set aside and directions may kindly be issued
to the respondent No. 4 to register an FIR on the application of the petitioner
against the said culprits, in the interest of justice.
Petitioner through Counsel
Certificate:-
As per instruction received from the petitioner,
this is the first writ petition ever moved on the subject.
Counsel
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