04/02/2023
2018 PLD 17 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : HABIB QADIR
Side Opponent : STATION HOUSE OFFICER, SADAR KHUZDAR
Ss. 22-A , 22-B & 561-A---Application for registration of case against accused-respondents was dismissed by ex-Officio Justice of Peace---Contention of applicant was that, in his absence, the accused-respondent enticed his wife and children and took them to his house and admitted his sons in a school on fake school leaving certificates---Applicant approached Station House Officer for registration of case; on his refusal for lodging FIR, applicant approached the Ex-Officio Justice of Peace, who refused the prayer---Record showed that applicant had approached the Station House Officer after delay of about fourteen months without any plausible explanation and after his refusal for lodging FIR, he approached the Ex-Officio Justice of Peace, who declined the prayer---Validity---Applicant had approached the Station House Officer and Ex-Officio Justice of Peace after unexplained delay of about fourteen months---If the contention of applicant was true; why did he remain silent for initiating any action against the respondents for so long---Circumstances established that the application was instituted on the basis of family disputes---Applicant had failed to point out any illegality or irregularity in the impugned order calling interference by the Court---Constitutional petition was dismissed in circumstances.
(FWT)
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