1994 P Cr (PLP)

[14-12-1992]: Learned counsel states that eversince the institution of this petition in this Court, he has not been contacted by his client and that he has no instructions in the cause.

3. Requisite report has been received and perused. The grievance of Mst. Bhag Bhari petitioner against the respondent-S.H.O., Police Station Jauharabad has been enquired into by Superintendent of Police, Khushab through A.S.P./S.D.P.O., Sadar Khushab. It has been reported that the charges of taking ornaments and motor-cycle etc. from the house of the petitioner were found to be incorrect and that the position is the same with regard to the charge of outraging the modesty of women-folk, including the petitioner. It has been further reported that motor-cycle of Muhammad Afzal was taken into police custody during S.O.S. checking on the night of 26-6-1992 at some other place and the same was impounded under the provision of Motor Vehicles Ordinance. In the opinion of the reporting-official, the purpose behind the filing of this writ petition is "...just to harass the police with intent to get her son saved from the legal consequences of action earlier initiated against him". The enquiry carried out by A.S.P./S.D.P.O., Sadar Khushab further revealed as under: "(1) The S.I. who conducted raid at the residence of petitioner for the apprehension of notorious proclaimed offender did not record an entry regarding his arrival in Daily Diary Report after he, alongwith police constables, had visited the said place. He contravened norni of his duty regarding which lie owes explanation on this count. (2) The bona fides of the officer conducting such raid have been thrashed out by the enquiry officer. He has arrived at the conclusion that he conducted such raid with well-founded information but unluckily the wanted criminal who is son of the petitioner ran away from the scene of crime. Departmental action in this behalf is being initiated against the aforementioned police officials. Moreover, enquiry officer has further been requested to examine the merits of case in which Muhammad Afzal stands involved in an offence punishable under section 216, P. P. C. Further necessary legal action in this regard will be taken on the basis of factual position coming to light and later on to be reported by the officer mentioned above As the allegations against the respondent S.H.O. have been inquired into and the same have been found to be incorrect, I am not inclined to the view that any case for issuing a direction for the registration of a case against him, has been made out. As regards the prayer for quashment of case -- FIR No. 144 dated 1-7-1992 under section 216, P.P:C, suffice it to say that examination of the merits of this case is going on and further action in that regard will be taken by the concerned quarters on the basis of the result thereof, as reported by Superintendent of ,A Police, Khushab in his report dated 20-7-1992. The petitioner may, if so advised, contact Superintendent of Police, Khushab and/or A.S.P./S.D.P.O., Sadar Khushab with a view, to acquainting herself with the result of the proceedings. With the above observation, this petition stands disposed of. N.H.Q./B-58/L Order accordingly.