2006 PLP 1463 (SCMR)

FAQIR MUHAMMAD KHOKHAR, J.

The petitioner seeks leave to appeal against judgment, dated 16-5-2003 passed by the Lahore High Court, Lahore in Writ Petition No.6321 of 2003.

2. The petitioner filed a private criminal complaint against respondents Nos.3 to 6 and others under sections 452, 380, 427, 454, 342, 148 and 149, P.P.C. He alleged therein that he was owner in possession of a plot measuring 5 Kanals and 17 Marlas situated in Mouza Goronowan Wali, Tehsil and District, Sheikhupura. One Muhammad Suleman had his residential house on the western side of the plot whereas respondent No.3 Mst. Bashiran Bibi had her land on the northern side of the said plot. It was further stated that the respondents Nos. 3 to 6 and others had illegally fixed a door in the wall in respect of which a dispute had been settled on 9-2-1993 on the intervention of the elders after some litigation. As a consequence thereof, Muhammad Suleman closed the door by giving an undertaking in writing that he would not create any hurdle or use the plot of the complainant otherwise he would be liable to pay Rs.50,000 as fine. Muhammad Suleman also made a statement in the Court that he had closed his door facing the plot in question and would abstain from doing so in future. At about 2-00 p.m. on 5th October, 2002 when the petitioner was repairing demolished walls on his plot the respondents Nos. 3 to 6 and others came there and started demolishing the boundary walls. It was further alleged that the respondents Nos. 3 to 6 had a scuffle with him while their co-accused kept on raising Lalkaras.

3. After recording the evidence of the petitioner, the Judicial Magistrate, Police Station, Manawala, District Sheikhupura, by order, dated 17-3-2003 declined to issue any process to the respondents Nos. 3 to 6 while their co-accused were summoned. The criminal revision there against was dismissed by the Additional Sessions Judge, Sheikhupura, by order dated 14-4-2003. Thereafter, the petitioner moved Writ Petition No.6321 of 2003 which also was dismissed by a learned Single Judge of the Lahore High Court, by the impugned order, dated 10-5-2003. Hence this petition for leave to appeal.

4. The learned counsel for the petitioner argued that the respondents Nos. 3 to 6 were equally involved in the commission of offence along with their male accused who had been summoned by the trial Court to face the trial . It was next contended that it was not possible to sever the evidence against the male and female accused.

5. We have heard the learned counsel for the petitioner at length. All the three Courts recorded concurrent findings of fact after appreciation of evidence that there was no ground for proceeding against the respondents Nos.3 to 6 who were ladies. In the ordinary course of things, it did not make sense that the male members would keep on raising Lalkaras only leaving it for the household ladies to have a scuffle with the petitioner and then to lift him to the drawing room for confining him for hours. The view taken by the High Court in the impugned judgment is unexceptionable. This is not fit case for grant of leave to appeal.

6. For the foregoing reasons we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. M.H./M-126/SC Petition dismissed.