-1-

IN THE LAHORE HIGH COURT, LAHORE.

W.P. No._____________/2022

Nawaz S/o

…Petitioner

VERSUS

1. Learned Ex-Officio Justice of Peace / Additional

Sessions Judge,

2. S.P. Investigation / District Complaint Officer

3. Station House Officer, Police Station

4. Abc

…Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE

CONSTITUTION OF THE ISLAMIC REPUBLIC OF
PAKISTAN, 1973 FOR SETTING ASIDE THE
IMPUGNED ORDER DATED 01.01.2022 PASSED BY
LEARNED JUSTICE OF PEACE / RESPONDENT NO.1.

Respectfully Sheweth:-

1. That names and addresses of the parties

given in the head note of this petition are

true and correct for effecting services upon

the parties.
 -2-

2. That the brief facts giving rise to file the

instant writ petition are that the respondent

No.4 moved an application to the respondent

No.3 for registration of criminal case against

the petitioner, but no case was registered.

Copy of application is attached herewith as

Annexure-A .

3. That thereafter the respondent No.4 filed a

petition u/s 22-A, 22-B Cr.P.C before the

learned Justice of Peace / respondent No.1

for issuance a direction to the respondent

No.3 to register a criminal case against the

petitioner. Copy of petition u/s 22-A, 22-B

Cr.P.C is attached herewith as Annexure-B .

4. That the learned Justice of Peace /

respondent No.1 called the comments from

the police, in which S.P. Investigation /

District Complaint Officer submitted his

report / comments before the court. Copy of

comments / police report is attached

herewith as Annexure-C .

5. That the learned Justice of Peace /

respondent No.1 vide impugned order dated

 -3-

01.01.2022 issued a direction to respondent

No.3 to record the statement of the

respondent No.4 u/s 154 Cr.P.C and to

proceed in accordance with law. Copy of

impugned order is attached herewith as

Annexure-D .

6. That the impugned order dated 01.01.2022

passed by the learned Justice of Peace /

respondent No.1 is illegal, unlawful,

unwarranted, hence the same is liable to be

set aside on the following amongst other:-

GROUNDS

a) That the impugned order dated

01.01.2022 passed by the learned

Justice of Peace / respondent No.1 is

against the law and facts of the case.

b) That from the bare perusal of the facts

and circumstances, the matter between

the parties is purely of civil nature, but

the respondent No.4 is adamant to

convert the civil dispute into criminal

 -4-

liability with malafide intention and

ulterior motives.

c) That the story narrated by the

respondent No.4 is concocted one, even

no cognizable offence is made out from

the contents of the petition filed by the

respondent No.4, as the respondent No.4

while concealing the true facts has

misrepresented the case before the

learned Justice of Peace / respondent

No.1 and with malafide intention and

ulterior motives has obtained the

impugned order against the petitioner,

therefore, the impugned order is liable to

be set aside. Reliance is placed upon

PLD 2016 SC 581.

d) That it is held by the Hon’ble superior

courts that learned Justice of Peace is

not bound to call the comments from any

authority for registration of case, but

once he called the comments he could

not ignore the same without any

reasonable justification, but in the

 -5-

present case learned Justice of Peace

passed the impugned order without

applying his judicious mind, hence the

impugned order is liable to be set aside.

Reliance is placed upon 2021 SCMR 468.

e) That the story carved out in the petition

filed by the respondent No.4 is bundle of

lies and continuation of proceedings in

such like cases is nothing, but wastage

of precious time of courts of law, thus

the impugned order is liable to be set aside.

f) That the impugned order is sketchy,

non-speaking, against the law and facts

of the case, hence the same is not

sustainable in the eyes of law and is

liable to be set aside.

g) That as per contents of the petition filed

by the respondent No.4 for registration of

case, did not constitute any offence and

all the allegations leveled by the

respondent No.4 are based on surmises

and conjectures.
 -6-

h) That if the impugned order dated

01.01.2022 is not set aside, the

petitioner will suffer an irreparable loss

and injury.

7. That the petitioner has left with no other

adequate, efficacious and speedy remedy

except to invoke the extraordinary constitutional

jurisdiction of this Hon'ble Court.

PRAYER :-

Under the circumstances narrated above, it is

therefore, most respectfully prayed that by

allowing the instant writ petition, the

impugned order dated 01.01.2022 passed by

learned Justice of Peace / respondent No.1 may

very kindly be set aside in the interest of

justice, equity and fair play.

It is further prayed that the operation of

impugned order dated 01.01.2022 passed by

learned Justice of Peace / respondent No.1 may

kindly be suspended till the final decision of

the main writ petition.

 -7-

Any other relief which this Hon’ble Court

deems fit and proper may also be granted to

the petitioner.

Petitioner

Through

Dated: 02.02.2022

CERTIFICATE :-
It is certified that as per instructions of my client, this is
the 1st Writ Petition on the subjec t matter before this
Hon'ble Court.

ADVOCATE
 -8-

IN THE LAHORE HIGH COURT, LAHORE.

W.P. No._____________/2022

Nawaz
Versus
Justice of Peace etc.

(WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION

OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973)

AFFIDAVIT OF:
I, the above named deponent, do hereby solemnly
affirm and declare as under: -

That the contents of accompanying writ petition are

true and correct to the best of my knowledge and belief
and nothing has been concealed therein.

DEPONENT

VERIFICATION: -

Verified on Oath at Lahore on 02.02.2022 that the

contents of above said affidavit are true and
correct to the best of knowledge and nothing has
been concealed therein.

DEPONENT
 -9-

IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.___________/2022
In
W.P. No.___________/2022

Nawaz
Versus
Justice of Peace etc.

APPLICATION UNDER SECTION 151 C.P.C FOR

DISPENSING WITH THE UNCERTIFIED COPIES OF
CERTAIN ATTACHED ANNEXURES.

Respectfully Sheweth:

That the accompanying petition has been filed by

the petitioner without certified copies of certain attached
annexures which are not available / provided to the
petitioner, however, he undertakes to produce the same
as and when made available to him.

It is, therefore, most respectfully prayed that the

production of certified copies of certain attached
annexures may very kindly be dispensed with for the
time being in the interest of justice.

Petitioner

Through
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IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.___________/2022
In
W.P. No.___________/2022

Nawaz
Versus
Justice of Peace etc.

(APPLICATION UNDER SECTION 151 C.P.C FOR

DISPENSING WITH THE UNCERTIFIED COPIES OF
CERTAIN ATTACHED ANNEXURES )

AFFIDAVIT OF:
I, the above named deponent do hereby solemnly
affirm and declare as under:

That the contents of accompanying application are

true and correct to the best of my knowledge and belief
and nothing has been concealed therein.

DEPONENT

VERIFICATION: -

Verified on Oath at Lahore on 02.02.2022 that the

contents of above said affidavit are true and
correct to the best of knowledge and nothing has
been concealed therein.

DEPONENT
 -11-

IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.___________/2022
In
W.P. No.___________/2022

Nawaz
Versus
Justice of Peace etc.

APPLICATION UNDER SECTION 151 C.P.C FOR THE

GRANT OF INTERIM RELIEF.

Respectfully Sheweth:

1. That the petitioner has filed the above titled

writ petition in this Hon’ble Court, in which

no date of hearing has yet been fixed.

2. That the contents of the main writ petition

may kindly be read as an integral part and

parcel of this application.

3. That the petitioner has a good prima facie

arguable case in his favour and the same is

likely to succeed.
 -12-

4. That the balance of convenience lies in favour of the

petitioner and against the respondents.

5. That if the interim relief as prayed for is not

granted, the petitioner shall suffer irreparable loss

and injury.

PRAYER :

It is therefore, most respectfully prayed

that by allowing the instant application, the

operation of impugned order dated 01.01.2022

passed by learned Justice of Peace /

respondent No.1 may kindly be suspended till

the final decision of the main writ petition.

Petitioner

Through

Dated: 02.02.2022
 -13-

IN THE LAHORE HIGH COURT, LAHORE.

C.M. No.___________/2022
In
W.P. No.___________/2022

Nawaz
Versus
Justice of Peace etc.

(APPLICATION UNDER SECTION 151 C.P.C FOR THE

GRANT OF INTERIM RELIEF )

AFFIDAVIT OF:
I, the above named deponent do hereby solemnly
affirm and declare as under:

That the contents of accompanying application are

true and correct to the best of my knowledge and belief
and nothing has been concealed therein.

DEPONENT

VERIFICATION: -

Verified on Oath at Lahore on 02.02.2022 that the

contents of above said affidavit are true and
correct to the best of knowledge and nothing has
been concealed therein.

DEPONENT
 -14-

IN THE LAHORE HIGH COURT, LAHORE.

W.P. No._____________/2022

Nawaz
Versus
Justice of Peace etc.

INDEX

Sr.# Description of Documents Annex Date Page

1. Writ Petition with Affidavit 02.02.2022

2. Copy of application A
3. Copy of Petition u/s 22-A B
22-B Cr.P.C
4. Copy of police comments C
5. Copy of impugned order D 01.01.2022
6. Dispensation application 02.02.2022
with affidavit
7. Stay Application with 02.02.2022
Affidavit
8. Power of Attorney

Petitioner

Through

Dated: 02.02.2022