Dictum of law as laid down by
the aforesaid authoritative and celebrated judgment
was followed in the cases report as "Khalid Anwar v.
Ex Officio Justice of Peace Lahore and 3 others"
(2013 PCr.LJ 684) and "Mureed Hussain v.
Additional Sessions Judge/Justice of Peace Jampur
and 3 others" (2014 PCr.LJ 1146). Exposing a person
to investigative process and face rigors of criminal
prosecution is a no small measure; there must exist
reasonable and tangible material, with evidential basis
to set the law into motion so as to bring about an
indictment. The insertion of section 22-A(6)(iii) was
never meant to necessary allow every such application
else the legislature would not have used word 'may' in
subsection (6) which (word may) always speaks of
'discretion' by application of mind. Thus, it is settled
law that the Ex: Officio, Justice of Peace may refuse to
issue direction regarding registration of case and may
competently dismiss application under section 22-
A(6), Cr.P.C., reminding the complaining person of
his alternative statutory remedies under section 156(3),
Cr.P.C. and 190, Cr.P.C., as well as he has remedy to
file criminal/private complaint under section 200,
Cr.P.C. So also there are cases where complainant party may be in better position in pressing its
allegations by filing criminal complaint, rather than
forcing the police to register the criminal case and to
investigate when the police itself was not convinced of
the complainant party's allegations being correct. In
this respect reliance may be placed upon case of
'Habibullah v. Political Assistant Dera Ghazi Khan
and others' (2005 SCMR 951).
Lahore High court
Writ Petition-Criminal Proceedings-Registration of Case
15494-19
2019 LHC 3862
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