SHAH NAWAZ RANJHA Versus EX-OFFICIO JUSTICE OF PEACE

ORDER

C.M. No. 2 of 2021

ASIM HAFEEZ, J.--- This application seeks permission to bring additional documents, which are taken on record subject to all just and legal exceptions.

C.M. No. 3 of 2021

2. Dispensation sought for is allowed subject to all just and legal exceptions.

Main case

3. Petitioner assails order dated 04.05.2021, whereby learned Ex-Officio Justice of Peace declined request for issuance of direction for the registration of criminal case -- FIR.

4. Learned counsel for petitioner contends that respondents Nos. 7 and 8 allegedly provided a fake / bogus Fard -- showing Riaz Hussain as the owner of the property specified therein - and received amounts for securing purchase transaction for the petitioner. Adds that allegations levelled suggests commission of offence(s) and said information is sufficient to register case, without any probe at all qua allegations. Referred to the judgment in the cases of "Madawa through President v. Inspector General of Police, Punjab and 15 others" (PLD 2013 Lahore 442), "Abida Parveen v. Deputy Superintendent of Police and others" (2012 PCr.LJ 1861), "Faisal Mehmood v. Additional District Judge, and 7 others" (2012 MLD 768), "Amar Ul Hassan Zikria v. Additional Sessions Judge and others" (2014 PCr.LJ 52), "Allah Bakhsh v. Station House Officer and another" (2013 MLD 885), "Nabi

Bakhsh v. Abdul Hakeem and another" (2019 YLR 240) and "Abdul Rehman Malik v. Synthia D. Ritchie, Americans National and others" (2020 SCMR 2037).

5. This court in the exercise of constitutional jurisdiction would only examine the question of legality or otherwise of the order impugned and jurisdictional flaw / defect, if any. On the last date of hearing, petitioner's counsel was directed to place on record copy of civil suit, seeking specific performance of alleged agreement of 27.12.2020 against one Mst. Kousar Riaz, wife of Riaz Hussain - alleged to be the owner of property shown in the questioned Fard. Copy of the suit is examined, wherein details of the property mentioned showed remarkable similarity to the details in the alleged Fard - except that in questioned Fard it was owned by Riaz Hussain. Observations of learned Ex-Officio Justice of Peace, when examined in the context of aforesaid facts, manifest no illegality or jurisdictional error. No case for interference is made out in exercise of constitutional jurisdiction. Judgments referred are distinguishable.

6. Instant petition is devoid of merits and same is hereby dismissed. No order as to the costs.

SA/S-65/L Petition dismissed.