1. Through this appeal by leave of the Court, the appellants have invoked jurisdiction of this Court against the judgment dated 20.08.2015 in Criminal Miscellaneous Quashment No.42 of 2010, passed by learned Division Bench of the High Court of Balochistan, Quetta, whereby quashment petition of Respondent No.1 under Section 561-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as “Cr.P.C.”) against the order dated 15.07.2010 passed by Sessions Judge Pishin as Justice of Peace on an application under Section 22-A Cr.P.C. was accepted; consequently, order dated 15.07.2010 was set aside with direction to Respondent No.2 to register the FIR against the appellants for causing murder of Hafiz Muhammad Jan.
2. Briefly stated relevant facts of the case are that Respondent No.1, Syed Bibi wife of Khatak, had moved an application under Section 22-A Cr.P.C. for registration of FIR against the appellants with the averments that she was a widow, residing in Kuchlak with her son, Hafiz Muhammad Jan, who was the only earning member of her family.During an exchange of fire between levies and some unknown persons, her son was hit by a bullet on his leg, whereupon people gathered on the spot and began protesting. The levies started aerial firing due to which the unknown persons fled away from the scene. Thereafter, the levies took her injured son with them and she found out the next day that her son had succumbed to the injuries and his dead body was lying in the Civil Hospital Quetta.
3. Regarding this incident, an FIR was earlier lodged with misleading and incorrect statement of facts, therefore, she filed an application under Section 22-A Cr.P.C. before the Justice of Peace/Sessions Judge Pishin with the following assertions:-
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