| Case ID |
393f611d-9c0b-4222-81d6-0acc8abe72b7 |
| Body |
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| Case Number |
W.P. No. 3343 of 2023 |
| Decision Date |
Nov 15, 2023 |
| Hearing Date |
Nov 15, 2023 |
| Decision |
The petition is allowed, and the impugned order dated 06th October 2023 passed by the Ex-Officio Justice of Peace, Rawalpindi is set aside. The court found that the Ex-Officio Justice of Peace had acted in a mechanical manner without proper consideration of the facts presented. The case involved a property dispute which had already been addressed in civil court, and therefore, the criminal proceedings initiated were deemed inappropriate. The judgment emphasized that civil and criminal liabilities should not be conflated, maintaining the integrity of both legal processes. |
| Summary |
In the case of W.P. No. 3343 of 2023, the Lahore High Court, Rawalpindi Bench, addressed a petition challenging the order of the Ex-Officio Justice of Peace concerning a property dispute. The petitioner, Chaudhary ABDUL MAJEED, contended that the order directing the police to record a statement and proceed under the Criminal Procedure Code was unlawful. The court emphasized the distinction between civil and criminal proceedings, asserting that the Ex-Officio Justice of Peace had failed to properly evaluate the situation before issuing the order. The court set aside the impugned order, reinforcing the principle that civil matters should not be transformed into criminal ones without substantial justification. This case highlights the importance of judicial prudence and the need for due process in legal proceedings. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Mirza Viqas Rauf
|
| Lawyers |
Mr. Muhammad Shahid Munir,
Mr. Muhammad Zaheer
|
| Petitioners |
Chaudhary ABDUL MAJEED
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
Respondent No. 5,
Respondent No. 6,
Respondent No. 7,
LEARNED EX-OFFICIO JUSTICE OF PEACE RAWALPINDI
|
| Citations |
2024 SLD 4507,
2024 PLJ 73
|
| Other Citations |
PLD 2016 SC 581,
2021 SCMR 468,
PLD 2010 SC 691
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
22-A,
22-B,
154,
199
|