| Case ID |
e903057b-c994-459a-8795-068ad09256d2 |
| Body |
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| Case Number |
Writ Petition No. 4041 of 2021 |
| Decision Date |
Jan 19, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court allowed the writ petition, set aside the impugned order passed by the Justice of Peace, and directed that the respondent is at liberty to file a private complaint before the competent forum. The court noted that the Justice of Peace had failed to provide plausible reasons for disregarding the police report, which concluded that no cognizable offense was made out against the petitioner. The court emphasized that the proceedings before the Justice of Peace are quasi-judicial in nature and require proper judicial discretion rather than mechanical execution of duties. |
| Summary |
This case revolves around a writ petition filed by the petitioner against the order of the Ex-Officio Justice of Peace concerning the registration of an FIR. The petitioner, who is a law graduate and businessman, purchased a plot intending to construct a mosque. The case highlights the principles of the Criminal Procedure Code, particularly sections 22-A, 22-B, and 154, focusing on the powers of the Justice of Peace. The court established that the Justice of Peace must provide tangible reasons when deviating from police reports, reinforcing the quasi-judicial nature of their proceedings. The decision underscores the importance of judicial discretion in such matters, ensuring that the rights of the petitioner are upheld against frivolous allegations. The ruling sets a precedent for similar future cases, emphasizing the need for thorough investigations and the proper application of the law in protecting property rights. |
| Court |
Islamabad High Court
|
| Entities Involved |
Adnan Shah,
Imran Shah,
Waqeel Khan
|
| Judges |
Tariq Mehmood Jahangiri
|
| Lawyers |
Barrister Afzal Hussain,
Waheed Ur Rehman,
Muhammad Ejaz
|
| Petitioners |
|
| Respondents |
,
Ex-Officio Justice of Peace/Additional Sessions Judge, East Islamabad
|
| Citations |
2022 SLD 675,
2022 PCRLJ 534
|
| Other Citations |
Younas Abbass and others v. Additional Sessions Judge, Chakwal and others PLD 2016 SC 581,
Khizar Hayat and others v. Inspector General of Police (Punjab), Lahore PLD 2005 Lahore 470,
Muhammad Ali v. Additional I.G, PLD 2025 SC 753
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
22-B,
154
|