Muhammad Baber Versus Ex-Officio Justice of Peace
1. Order
2. Asjad Javaid Ghural, J .--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Muhammad Baber has challenged the legality and propriety of order dated 17.03.2021 passed by the Ex-Officio Justice of Peace, Lahore, whereby upon application of respondent No.3 (respondent) under Section 22-A Cr.P.C. a direction for registration of criminal case against him was issued.
2. Heard. It is straightaway observed that prior to filing of application seeking registration of case, the respondent filed another application for similar relief, which was allowed by the learned Ex Officio Justice of Peace vide order dated 14.01.2021. The said order was challenged by the petitioner before this Court by way of filing Writ Petition No.2606/21, in which order of the learned Ex Officio Justice of Peace was suspended vide order dated 15.01.2021. The respondent instead of awaiting the outcome of the said writ petition, hastened to file yet another application with the allegation that she received life threats from unknown mobile numbers and she was being blackmailed and also mentioned certain mobile numbers in said application. She claimed to have intimacy with the petitioner but did not mention his name despite allegedly receiving threats from his mobile number, which appears to be a calculated move on her part to defeat the order of this Court for suspension of order qua registration of case against the petitioner. It further reflects eagerness of the respondent to somehow implicate the petitioner in a criminal case and unfortunately the learned Ex Officio Justice of Peace has failed to take into consideration this aspect of the matter and proceeded to pass the impugned order in a summarily manner. The conduct of the respondent demonstrates her relentless attempt to bring the petitioner within the fold of criminal proceedings by all possible means, which casts serious doubts upon the bona fides of the accusation and suggest the criminal process is being employed not for the vindication of justice but to somehow entangle the petitioner. Main application of the respondent seeking registration of case has been rejected by this Court vide order of even date passed in W.P.No.2606/2021, therefore, instant application being offshoot of the said application also deserve similar treatment.
3. Resultantly, instant application is allowed and impugned order of Ex Officio Justice of Peace dated 17.03.2021 is set-aside.
4. MH/M-60/L Petition allowed.