1994 P Cr (PLP)

Muhammad Tufail petitioner has filed this Constitutional petition praying for a direction to respondent/Senior Superintendent of Police Faisalabad to order the respondent No.2, S.H.O., City Police Station, Jaranwala to register a criminal case against respondents Nos.3 to 7 and their accomplice.

2. The case of the petitioner is that on 5-11-1992 Muhammad Aslam/respondent No.3, an A.S.I. and three constables of Police Station, City Jaranwala, came to his house to dispossess him therefrom. He produced before the police a copy of stay order, dated 2-11-1992 issued by Mr. M. Ikram-ul- Haque, Additional District Judge, Faisalabad in a civil appeal titled Muhammad Tufail v. Muhammad Aslam etc. The police officials tore away the copy of the stay order and the petitioner was forcibly lifted from the spot put in the police van, taken to Police Station City Jaranwala and detained there till 6-11-1992. It was only on the intervention of the respectables of the Mohallah that he was released from unlawful custody of the local police on 6-11-1992. Prior to his release, the local police forced the petitioner to enter into a compromise with Muhammad Aslam, and they also got his thumb-marks on white papers. On 7-11-1992, Muhammad Aslam and four other respondents Nos.3 to 7 herein as also "Asghar Badmash" and Akbar Cyclewala came to the house of the petitioner, dispossessed him from there, threw away his belongings, took the possession of the house themselves and extended threat to him that if he tried to re-enter in the house his whole family will be done to death.

3. Learned counsel was not aware of any complaint made by his client to the learned Additional District Judge, Faisalabad in relation to the violation of the stay order issued by him on 2-11-1992. Muhammad Tufail petitioner was present in Court and he came to rescue of his learned counsel by stating that he had filed an application before the appellate Court complaining against the persons responsible for the happenings dated 5, 6, 7-11-1992. After obtaining this information in Court today, the learned counsel was content with arguing that the initiation of contempt proceedings by Muhammad Tufail petitioner against the private respondent herein does not stand in his way to ask for the registration of a criminal case, as prayed in this case. According to him, his client can be granted the possession back in these proceedings, alone.

4. I have considered the arguments advanced by the learned counsel in support of this petition and I am of the view that as the petitioner has already taken up the cause in relation to the violation of stay order, dated 2-11-1992 before the learned Additional District Judge, Faisalabad, the instant application in this Court is not maintainable. The learned Additional District Judge will no doubt, resolve the questions raised before him in the application of the petitioner and has the jurisdiction to put the petitioner back into possession of the suit house, in the event of the petitioner succeeding before him. This petition is totally misconceived and is liable to be dismissed in limine. So be it. N.H.Q./M-1419/L Writ petition dismissed.