MUHAMMAD ZULFIQAR ALI vs SHO POLICE STATION GHULAM MUHAMMAD
This constitutional petition challenges an order passed by an Ex-Officio Justice of Peace directing the police to record the version of a respondent regarding a disputed cheque. The petitioner sought to set aside this order by presenting a civil court decree that declared the cheque in question to have been issued without consideration. The core legal question was whether the Ex-Officio Justice of Peace could order police proceedings based on a complaint involving a document that a competent civil court had already adjudicated as void or issued without consideration. The Lahore High Court observed that the civil decree in favor of the petitioner, which declared the disputed cheque to be without consideration, remained unchallenged and in the field. Consequently, the Court held that the impugned order was unsustainable. The Court set aside the order of the Ex-Officio Justice of Peace, establishing the principle that criminal proceedings initiated under sections 22-A and 22-B of the Code of Criminal Procedure 1898 cannot be sustained when the underlying subject matter has already been conclusively determined by a competent civil court.
- Can an Ex-Officio Justice of Peace order police proceedings regarding a document that a civil court has already declared to be issued without consideration?
- Does a civil court decree regarding the validity of a document override a concurrent criminal complaint filed under sections 22-A and 22-B of the Code of Criminal Procedure 1898?
- Section 22-A, Code of Criminal Procedure 1898
- Section 22-B, Code of Criminal Procedure 1898
ORDER
MUHAMMAD ANWAARUL HAQ, J.---Through this petition, Muhammad Zulfiqar Ali petitioner assails the order-dated 14.12.2012, passed by learned Ex-Officio Justice of Peace, Faisalabad, whereby he has directed the S.H.O. Police station concerned to record version of respondent No, 2 and to proceed further in accordance with law.
2. At the very outset, learned counsel for the petitioner placing on record certified copies of civil suit filed by the petitioner for cancellation of documents and of judgment passed by learned Civil Judge 1st Class, Faisalabad, contends that the civil suit has been decreed in favour of the petitioner to the extent that the cheque mentioned in the application moved by respondent No,2 under sections 22-A and 22-B, Cr.P.C. Has been declared to be issued without consideration, hence, the impugned order passed by the learned Ex-Officio Justice of Peace, is not sustainable in the eyes of the law.
3. Despite repeated calls, no one has turned up on behalf of respondent No,2/Muhammad Adnan.
Learned Law Officer after consulting the record informs that police official present in Court has properly communicated regarding fixation of this writ petition to the respondent.
4. Learned Addl. Advocate-General referring certified copies of civil suit and judgment passed by learned Civil Court in favour of the petitioner, is of the view that the impugned order is not sustainable.
5. Arguments heard. Record perused.
6. I have examined the judgment dated 05.07.2014, passed by learned Civil Judge 1st Class, Faisalabad wherein he has mentioned the details of the disputed cheque in Paragraph No,1 of the schedule and has decreed the civil suit of the petitioner for cancellation of documents in his favour to the extent that the disputed cheque (mentioned in the application moved by respondent No,2 under sections 22-A and 22-B, Cr.P.C.), has been declared to be issued without consideration.
Learned, counsel for the petitioner states at bar that the said decree in favour of the petitioner still holds the field and has not been challenged by any one. In the peculiar circumstances, no further action is required. Therefore, by allowing the instant writ petition, impugned order of the learned Additional Sessions Judge, Faisalabad, passed in his capacity as an Ex-Officio Justice of Peace, dated 14.12.2012, is set aside.