Complaint is based on mala fide intention of the complainant and if it is
lodged it would just drag the proposed accused in a false case
Moreover, when it is noticeably appearing from the available
material available before the court or detailed report furnished by the police,
before the court of Justice of Peace that the complaint is based on mala fide
intention of the complainant and if it is lodged it would just drag the
proposed accused in a false case which would also cause any kind of unnecessary
harassment and mental agony to the proposed accused, then it is prime duty of
the court to play its role to curtail and discourage such practice, otherwise
it would be amounting to the issuance of license of encouragement for the abuse
of process of law which was never be the scheme of legislature. Shah Muhammad
v. Station House Officer, Police Station and another (2014 Y L R 719 Sindh) by
Tariq, J. Shahnawaz
Mala fide or mens rea cannot be proved in constitutional Jurisdiction
Judgment to present case and the fact that mala fide or mens
rea cannot be proved in constitutional jurisdiction, the result would be that
in circumstances of present case relief sought for cannot be granted for
reasons that initially respondent No.3 moved PM&DC through a written
complaint against petitioners, and matter had been dealt with under special law
at the first instance, therefore, there is no impediment to initiate criminal
or civil action thereafter as held in referred citation and that too in case
when petitioners were found guilty to some extent and were awarded penalty of
CENSURE. In addition to this, there are specific allegations in the complaint
which require probe and investigation to ascertain factum of mala fide or mens
rea.
Having regard to all circumstances,
it is not a fit case to exercise discretion for reasons stated above and normal
procedure provided in Criminal Procedure Code could not be halted. Resultantly,
petition being devoid of merits is dismissed. Dr. Taqdees Naqash v. Senior
Superintendent of Police (2015 P Cr. L J 1628 Islamabad) by Kasi, C.J. Muhammad
Anwar Khan
Mala fide apparent on the record
The mala fide on the part of respondent No.4/complainant is
clearly apparent on the record and as such the story narrated by respondent
No.4 in his application seeking registration of case is found to be concocted
one. Qari Abdul Shakoor v. Addtitional Sessions Judge and 3 others (2014 M L D
1694 Lahore) by Neelum, J. Miss Aalia
It is thus clear that respondent No.3 who is a proclaimed
offender in F.I.R. No.78/2013 dated 5-2-2013 for offence under sections 381,
420, 109 P.P.C. registered at Police Station Defense, District Lahore filed the
petition before the learned Ex-Officio Justice of Peace, Lahore with mala fide
intention and ulterior motives to counter a criminal case registered against
her on the complaint of Glaulam Abbas brother of the petitioner herein. In
these circumstances this petition is allowed and the impugned order dated
15-2-2013 passed by the learned Ex-Officio Justice of Peace, Lahore in the
absence of the comments of the S.H.O. concerned is hereby set aside. Mst. Sobia
v. Additional District and Sessions Judge, Lahore and 2 others (2014 M L D 1451
Lahore) by Ali, J. Muhammad Yawar
Mala fide intention can only be determined after recording of statement
Impugned order of Justice of Peace showed that applicant's
application was turned down mainly on the ground that case was registered
against the brother of applicant under section 13(d), A.O. by the S.H.O. and
applicant intended to lodge F.I.R. against police personnel with mala fide
intention to harass SHO from discharging his lawful duty. Whether there was
mala fide on the part of applicant for lodging F.I.R. or bona fide intention,
it can only be determined after recording statement of applicant. Learned
Additional Sessions Judge was only required to see as to why SHO had failed to
perform his statutory duty. Deeper appreciation at the time of registration of
the F.I.R. was not required as such order passed by the learned Additional
Sessions Judge dated 18-6-2012 is not sustainable under the law and the same is
set aside. SHO is directed to register F.I.R. if from the statement of the
applicant cognizable offence is made out. Muhammad Hanif v. SHO, Police Station
Naushehro Feroze and another (2013 P Cr. L J 449 Sindh) by Phulpoto, J.
Naimatullah
Mala fide of complainant is floating on the record— no direction can be
given
Although, there are remedial provisions under section 169,
Cr.P.C. and 182 P.P.C. against false complaints, but when the mala fide of a
complainant is floating on the record and his tricky design is palpably
visible, then exercise of powers under section 22-A(6), Cr.P.C. by issuance of
direction for registration of the case, would be an exercise in aid of
injustice, which has never been the intention of the legislatures, in enactment
of such provisions. When the story pushed forward by the petitioner, apparently
seems to be false, then why an innocent person, should be forced to go through
the rigours of multiplicity of proceedings of 169, Cr.P.C. and then 182 P.P.C.
Qadar Ullah v. S.H.O. Police Station Latamber (2012 Y L R 1836 Peshawar) by
Khan, J. Nisar Hussain
Mala fide intention or bona fide intention; this can only be proved after
the statement of the complainant is recorded
I have seen the impugned order which shows that the
application was rejected on two grounds; one is that the S.H.O. in his report
stated that the nephews of the petitioner are involved in Crime No.82 of 2010
and secondly on the arguments of learned D.P.P. who argued that the F.I.R. is
being sought to be registered for mala fide intention to harass the police
personnel(s) from discharging their lawful duty. On the basis of these
arguments the application was dismissed with the direction to the petitioner to
file Direct Complaint. Whether, the application was moved with mala fide
intention or bona fide intention; this can only be proved after the statement
of the complainant is recorded by the police and so far as the police report is
concerned which can not be considered the sole criterian for passing the order
by the Justice of Peace. The jurisdiction of the Justice of Peace is to see as
to why the police officials who are duty bound to record the statement under
section 154, Cr.P.C. have refused to fulfill their duty. Rab Nawaz v. S.H.O.,
Police Station, Daharki and 4 others (2012 M L D 736 Sindh) by Mazhar, J.
Muhammad Ali
Mala fide intention to register the criminal case
In view of the report of respondent No.1 and the mala fide
intentions of respondent No.2 for registration of a case against the
petitioner, with whom he has allegedly committed zina-bil-jabr, there was no
justification for taking proceedings under section 154, Cr.P.C. on the
application of respondent No.2. Hence, the impugned order, dated 2-12-2010 is
not legally tenable and the same is accordingly set aside. The instant petition
is accordingly disposed of. Mst. Nusrat Bibi v. Station House Officer and 2
others (2011 Y L R 1602 Lahore) by Farooq, J. Sh. Ahmad
F.I.R. got lodged with mala fide intention
In view of the above discussion, there is sufficient
material on the file indicating that the impugned F.I.R. was got lodged at
Police Station Garhi Shahu with mala fide intention. The continuation of
proceedings would be an abuse of process of Court. Resultantly, this petition
is accepted and F.I.R. No.87, registered at Police Station Garhi Shahoo,
Lahore, on 19-4-2004, for offences under sections 420 and 506, P.P.C., on the
statement of Javed Tariq/respondent No.1 is hereby quashed. Muhammad Ishaq v.
Javed Tariq and others (2010 P Cr. L J 1101 Lahore) by Chaudhry, J. Ijaz Ahmad
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