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MUHAMMAD ADREES versus NAZAR HUSSAIN, ADDITIONAL SESSIONS JUDGE, LAHORE/EX-OFFICO JUSTICE OF PEACE


Section 22A, 22B and 154 Constitution of Pakistan, Article 199 Constitutional Petition After the police entered the FIR, the registration of the Additional Sessions Judge / Former Official Justice of the Peace (FIR) came to the conclusion that the dispute between the parties was civil. Nature, which was already pending in a plaintiff case and dismissed the complainant's request to direct the Section HO to register a criminal case against the accused, a criminal trial under an improper order. The registration of the cannot be denied due to civil litigation in the meantime. The parties, especially when the application for registration of the case was filed before the filing of the civil suit, even otherwise, the civil rights of the parties to the civil suit, which by no means is barred from initiating criminal proceedings. If, as it turns out, the order was a breach of the law and the facts, the Justice of Peace had no jurisdiction to comment on the fact that the TR was of a civil nature under the affected order to the Section HO. Was directed, so that the Complainant's version could be recorded and the law provided under Section 154, CRPC Proceed strictly accordingly, however, if the complainant's version is proved to be false, action can be taken against it under section 182; the constitutional plea of the PPC was accepted accordingly.

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