--S. 22-A/22-B--Recording of version of petitioner in FIR--FIR has already been got lodged and Counsel is only requesting for recording version of petitioner in FIR-

 PLJ 2024 Lahore (Note) 3
[Multan Bench, Multan]
Present: Sardar Muhammad Sarfraz Dogar, J.
Mst. ZAREENA MAI--Petitioner
versus
EX-OFFICIO JUSTICE OF PEACE/ASJ, etc.--Respondents
W.P. No. 16233 of 2023, decided on 19.10.2023.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 22-A/22-B--Recording of version of petitioner in FIR--FIR has already been got lodged and Counsel is only requesting for recording version of petitioner in FIR--Recording of version of accused party is basic right which cannot be denied at any stage. Investigating Officer is directed to take version of petitioner in aforesaid FIR and then while keeping both versions in juxtaposition, proceed further in accordance with law.      

                                                                               [Para 2 & 3] A & B

PLD 2018 SC 595 ref.

Khawaja Qaisar Butt, Advocate for Petitioner.

Mr. Iftikhar Ibrahim Qureshi, AAG on Court’s call.

Date of hearing: 19.10.2023.

Order

Learned counsel submits that the petitioner had filed an application under Section 22-A/22-B, Cr.P.C. for registration of case against respondents before the learned Ex-Officio Justice of Peace, who passed the impugned order dated 11.10.2023 without applying the judicious mind on the wrong premises of law.

2 As an FIR No. 615/2023, dated 18.09.2023, under Sections 302, 324, 353, 186, 34, P.P.C. Police Station Nawan Shehr, Multan has already been got lodged and learned counsel is only requesting for recording the version of the petitioner in the aforesaid FIR.

3. Upon reconsiderations, learned counsel for the petitioner does not want to press this petition and is satisfied if it is directed to the Investigating Officer of case FIR No. 615/2023 to record the stance of the petitioner in the said FIR which is now settled by the Hon’ble Supreme Court of Pakistan in the case reported as PLD 2018 SC 595 (Mst. Sughran Bibi case) that recording of version/stance of the opponent/accused party is the basic right which cannot be denied at any stage. Investigating Officer is directed to take the version of the petitioner in the aforesaid FIR and then while keeping both the versions in juxtaposition, proceed further in accordance with law. Order accordingly, disposed of. Learned Law Officer shall ensure, strict compliance.

(M.A.B.)         Petition disposed of