Writ Petition against the order of Justice of Peace whereby direction to register FIR was issued.

WRIT AGAINST ORDER OF ADDITIONAL SESSIONS JUDGE, WHEREBY DIRECTION WAS GIVEN TO SHO FOR REGISTRATION OF FIR – FORMAT

BEFORE HONOURABLE LAHORE HIGH COURT, LAHORE.

WRIT PETITION NO: _____________________________/2013
1. ____

2. _____

Both Sons of ______, Residents of ____, District Okara

……..Petitioner
 

                                                         V E R S U S
 

1. JUSTICE OF PEACE/ LEARNED ADDITIONAL SESSIONS JUDGE, TEHSIL DEPALPUR, DISTRICT OKARA.

2. NAME OF COMPLAINANT, SON OF _____, RESIDENT OF _____.

3. STATION HOUSE OFFICER, POLICE STATION BASIRPUR, TEHSIL DIPALPUR, DISTRICT OKARA.

……..Respondents
 

W R I T P E T I T I O N
 

UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, AGAINST ORDER DATED 20.03.2013, PASSED BY JUSTICE OF PEACE/LEARNED ADDITIONAL SESSIONS JUDGE, DIPALPUR, WHEREBY, RESPONDENT NO. 3/SHO WAS DIRECTED TO REGISTER FIR AGAINST THE PETITIONERS.

RESPECTFULLY SHEWETH:

1. That addresses of parties have correctly been given above for the purpose of service by this Honourable Court.
2. That through the instant writ petition, the petitioners humbly seek indulgence of this Honourable Court for setting aside order dated 20.03.2013, passed by Justice of Peace/Learned Additional Sessions Judge, Dipalpur, wherein it was observed that the contents of the application filed by Respondent No.2 disclosed a cognizable offence and Respondent No.3/S.H.O. Police Station, Basirpur, Dipalpur, was ordered to record the statement under Section 154 Cr.P.C. of Respondent No. 2. Copy of order dated 20.03.2013, passed by Learned Justice of peace/Additional Sessions Judge, Dipalpur is appended herewith as Annex-A.
3. That succinctly stated facts giving rise to the filing of instant writ petition are that Respondent No. 2 filed a petition u/s 22-A, 22-B Cr.P.C., before Respondent No.1, wherein it was alleged that on 20.01.2013 at about 2:30 a.m. his brother Shafique was sleeping in the house and the accused persons entered into the house and woke up his brother and demanded keys of the same; the accused attacked him for non-compliance. Moreover, it was alleged that Petitioner No.1 tooks keys of the safe and removed Rs.1,37,000/-, whereas, Petitioner No.2 made a fire with pistol on right leg of Shafique. Copy of petition filed by Respondent No. 2 u/s 22-A, 22-B Cr.P.C. is Annex-B.
4. That Respondent No.3 submitted his comments before Learned Justice of Peace and did not support version of Respondent No.2 mainly on the grounds that medical report did not corroborate version of Respondent No.2, however, Learned Justice of Peace accepted the petition filed by Respondent No.2 and directed Respondent No.3 to chalk out FIR. Copy of comments of the Respondent No.3 is Annex-C.
5. That impugned order dated 20.03.2013 passed by Learned Justice of Peace/Additional District Judge, Dipalpur is not sustainable in eyes of law as same is arbitrary and totally in disregard of facts of the facts and material available on record; hence, suffers from surmises, therefore, liable to be set aside inter-alia on following:
G R O U N D S
i. That Learned Justice of peace/Additional Sessions Judge, Dipalpur did not take into account comments filed by the SHO concerned and impugned order dated 20.03.2013 was passed in complete disregard of the same.
ii. That while passing impugned order, Learned Justice of Peace completely ignored comments filed by Respondent No.3/SHO, wherein, it was stated that no offence as alleged by Respondent No.2 had taken place and that Respondent No.2 was in practice of filing frivolous petitions against the petitioners and all the petitions have been found false by the Courts. Learned Justice of Peace should have considered comments filed by Respondent No.3 before giving him directions to register FIR against the petitioners.
iii. That a perusal of medical lego report reveals that the wounds of Shafique, brother of Respondent No.2, were fabricated and self-inflicted, therefore, no occurrence and cognizable offence had taken place. Copy of medical report is Annex-D.
iv. That Medical Report was challenged by Respondent No.2 before Illaqa Magistrate through an application, subsequently, the matter was referred to MS, DHQ, Okara to constitute a Standing Medical Board for re-examination of the injuries. Medical Board, after thorough examination, agreed with the report of 1st Medicolegal Examiner, however, Learned Justice of Peace neither considered report of 1st Medicolegal examiner nor opinion of Medical Board. Copies of order of magistrate and opinion of Medical Board are Annex-E & F.
v. That the brother of Respondent No.2 i.e. Shafique had also filed an application before the SHO concerned, whereupon, the SHO Report No.24 u/s 157 Cr.P.C. dated 22.01.2013 was registered in Daily Riznamcha, wherein, it was stated that the parties were in previous litigation and the medicolegal officer had found the injuries self-inflicted. Copy of report is Annex-G.
vi. That the Respondent No.2 and his family is in practice of filing false and frivolous petitions/application against the petitioners and their family, however, they have always failed in illicit intentions.
vii. That one Juma Khan who is brother in law of Shafique (brother of Respondent No.2) submitted an application for registration of FIR against the petitioners before Justice of Peace. SHO submitted his report that the application was counterblast to a case filed by the petitioners, therefore, said application filed by brother in law of Shafique was disposed of. It is pertinent to mention here that one of the alleged witnesses also submitted affidavit before Justice of Peace that no occurrence had taken place. Copies of Application filed by Juma Khan, Comments of SHO, affidavit of alleged witness & order of Justice of Peace dated 20.09.2007 are Annex-H, H/1, H/2 & H/3.
viii. That one Mst.Allah Rakhi, real aunt of Respondent No.2, filed an application for giving direction to SHO for registration of FIR against the petitioners before Justice of Peace, wherein, comments by SHO concerned in favour of petitioners. The application of Allah Rakhi was dismissed as withdrawn vide order 12.11.2009. Copies of application filed by Allah Rakhi, comments of SHO & order dated 12.11.2009 are Annex-I, I/1 & I/2.
ix. That one Zikraa Bibi, Aunt of Respondent No.2, filed an application for registration of case before justice of peace, wherein comments of SHO concerned in favour of the petitioners were submitted and application of Zikraan Bibi was dismissed vide order dated 23.06.2011 passed by Justice of Peace. Copies of application filed by Zikraan Bibi, comments of SHO & order dated 23.06.2011 are Annex-J, J/1 & J/2.
x. That Respondent No.2 got registered an FIR No. 414/2011 against the petitioners and others; wherein, the petitioners were declared as innocent by the police after investigation. Copy of FIR No.414 is Annex-K.
xi. That after the petitioners were declared as innocent by the police in aforesaid FIR, Respondent No.2 field a private complaint against the petitioners and others. However, Learned Magistrate dismissed the complaint of Respondent No.2 to the extent of the petitioners vide order dated 07.05.2012. Copies of complaint & order dated 07.05.2012 are Annex-M & M/1.
xii. That after dismissal of complaint to the extent of the petitioners, Respondent No.2 filed a revision against the petitioners before Additional Sessions Judge, Dipalpur, however, same was also dismissed vide judgment dated 02.11.2012. Copies of revision & judgment dated 02.11.2012 passed by Learned ASJ, Dipalpur are Annex-N & N/1.
xiii. That not only the Respondent No. 2 and his family drag the petitioners in frivolous litigation, moreover, various criminal cases have also been registered against Respondent No.2 and his brother, Shafique and same is evident from list of record of cases attested by concerned Police Station. List of Criminal Cases are Annex-O & O/1.
xiv. That Learned Justice of Peace, totally ignored law laid down by apex court that a Justice of Peace is not expected and required to allow request of the complainant for registration of case mechanically, blindly and without application of legal mind and he is competent to examine the complaint obviously with full application of legal mind and is not supposed to accept and believe the same as gospel truth. The matter in hand is one of the cases wherein, the Justice of Peace should have dismissed the application of Respondent No.2 after perusal of complaint and taking into consideration all the facts.
xv. That Learned Justice of Peace/Respondent No.1 without application of judicious mind directed the SHO concerned to register FIR against the petitioners and impugned order is not a speaking order; hence calls for interference by this Honourable Court.
xvi. That direction of Learned Justice of Peace/Additional Sessions Judge, Dipalpur, given vide order dated 20.03.2013 is not sustainable as no cognizable offence has been committed by the petitioner and the impugned order has been passed in a stereotype manner.
xvii. That the petitioner humbly seeks permission of this Honourable Court for raising additional grounds at the stage of arguments.

P R A Y E R     
In aforementioned circumstances, it is humbly prayed that the instant writ petition may kindly be accepted and impugned order dated 20.03.2013 passed by Learned Justice of Peace/Additional Sessions Judge, Dipalpur, may kindly be set aside.
Any other relief which this Honourable Court deems fit and proper and which has inadvertently not been prayed for may kindly also be granted.

PETITIONERS
THROUGH