2019 P Cr (PLP)

MALIK HAQ NAWAZ, J.

The petitioner Mst. Sania widow of Abid Hussain, resident of Chilmishdas, Nomal has filed the instant petition under section 561-A, Cr.P.C., against an order passed by learned justice of the peace under section 22-A, Cr.P.C. on 03-07-2018.

2. The petitioner has raised numerous legal as well as factual grounds in the above mentioned petition, which forced her to knock the door of this Court for redressal of her grievances.

3. The gist of the accusations against the respondents are that her husband was chased by 04 persons (respondents), which forced deceased to jump into the river which was witnessed by some independents and reliable witnesses. The learned counsel for the petitioner prays that in view of the above circumstances a cognizable offence was made out and the respondent No.3 was bound to register an FIR, which was a statutory obligation, but he did not pay any heed and an application under section 22-A, Cr.P.C. also met with the same fate. Per learned counsel the judgment/order of learned justice of the peace is arbitrary, fanciful and not sustainable in the eyes of law, which needs to be set aside as a valuable life was lost because of the high handedness of the respondents.

4. On the other hand the learned counsel for the respondents submitted that on receipt of application of the petitioner an inquiry under section 157, Cr.P.C. was conducted and it was found that the deceased in order to cross the river drownded and the story of chase was an after thought. The learned counsel for the respondents further submitted that the remedy of private complaint is available to the petitioner, which she has not availed since lapse of a considerable period.

5. After hearing both the parties and perusal of record shows that as per own version of the petitioner the deceased became missing on 17-12-2017 or 18-12-2017, but strange enough that application for registration of FIR, which is available at page 20/21 of the file was submitted to SHO Police Chowki KIU on 05-03-2018 at 1600 p.m. after a lapse of almost 2-1/2 months. The application submitted to SSP regarding missing of deceased is available on page 25 of the file but it is not disconcernable from the record, that who submitted the said application and when. Comments were called from the respondents by the learned justice of the peace, which has also been minutely perused and examined by me in presence of the learned counsel for both the parties.

6. It is pertinent to mention here that on the complaint of the petitioner a high level inquiry was ordered, which was conducted by Additional SP Gilgit Mr. Muhammad Ayaz and the inquiry officer submitted his recommendation to the higher authorities on 15-03-2018, wherein he has exonerated the respondents. The respondents further submitted that both the parties were called in Police Station in order to maintain peace as they were enlocked in litigation over a piece of land and were released after execution of surety bonds. As evident from the record that on 19-12-2017, the brother in law of deceased namely Muhammad Hussain submitted an application to SHO KIU Police Station regarding missing of his deceased brother in law from his house at 1400 hours on 18-12-2017. The proceedings on the said application were undertaken and statements of the witnesses were recorded, who supported the stance of respondents and inquiry officer that the deceased drownded in the river while trying to cross the same.

7. The judgment/order of learned justice of the peace have exhaustively dealt with each and every aspect of the case factually and legally, which order is well reasoned and have been handed down after full application of judicial mind, which is maintained and the petition under section 561-A, Cr.P.C. is dismissed being meritless.

8. File be consigned to record after completion. SA/220/GB Petition dismisse