1995 P Cr (PLP)

Mst. Fazlan Mai is widow of, Ali Muhammad. Ghulam Farid respondent is brother of her late husband, and respondents Nos.3 to 5 are his relatives. In the early hours, on 4-2-1994, 'respondents Nos.2 to 5, as is alleged by Mst. Fazlan, committed criminal tres-pass in her house, started demolishing a wall and gave her beating with fists and kick. She was dragged on the ground and was molested, ins the sense that acts of indecency were committed with her the learned counsel appears to have inaptly d scribed this incident as an act of outraging of her modesty. She was rescued o the occasion by Amir Bakhsh and Ghulam Nabi.

2. She got herself medically examined, a 10-30 a.m., on the same day. The medical certificate reveals as many as five abraded wounds on different parts of her body. She approached the police, but no criminal case was registered against the miscreants. Instead, the S.H.O., respondent No.l registered a counter-case, vide F.I.R. No.19, dated 5-2-1992, on the statement of Ahmad Ali, respondent, under section 337-A(ii), F-(v), read with section 34, P.P.C., against three persons, Amir Bakhsh, Noor Muhammad and Ghulam Farid, real brothers of Fazlan petitioner. The petitioner moved an application to the Superintendent of Police Muzaffardash, to bring it to his notice the highhandedness of respondents Nos.2 to 15, but with no success. She states that Ghulam Farid, respondent No.2, shown to have been wounded, in' some fictitious occurrence, had not been injured by those named as accused in the F.I.R., and they had falsely been implicated, and the purpose was to fabricate a counter-version, so that respondents Nos.2 to 5, who had committed criminal acts, in relation to the petitioner, were saved. Actually the intention of the assailants was to intimidate the lady and to force her to leave the house and to part with the other landed property left by her deceased husband. The respondents have the backing of the local M.PA. and they are otherwise also well-off and command considerable influence, whereas the petitioner is a poor widowed lady.

3. The Inspector/S.H.O. has submitted his comments and has also orally informed the Court that both the versions, the one incorporated in the F.I.R. No.19, dated 5-2-1994, and the other stated by Mst. Fazlan have been found to be false, and a recommendation is being made for cancellation of the cases. Similarly, no regular case is being registered at the instance of Mst. Fazlan. The Inspector, however, has not been able to satisfy the Court as to how and at whose hands the lady had suffered the injuries, which do not appear to be self- inflicted or having been caused by a friendly hands.

4. I have given the matter my anxious consideration. Normally, this Court does not interfere in such matters and issue directions for registration of criminal cases or for cancellation or quashment of such cases. This, however, appears to be a case, in which the lady has been subjected to an atrocious and inhuman treatment. She has also been insulted and desecrated. She had got herself medically examined soon after the alleged occurrence, which does not seem to be fictitious. It appeared to be a genuine occurrence that she had reported to the police and she should have been afforded necessary protection by the State machinery, namely, the police force. A case ought to have been registered against those, who had played mischief with her. Instead of taking action on her complaint, the police made haste to register a case, on the following day, at the instance of her adversaries, which, even according to the Inspector, has been found to be false, and is going to be cancelled.

5. I would direct the S.H.O. to register a case, on the complaint lodged by the petitioner, and to stop the respondents from inflicting on her humiliation, insult and intimidation, in any manner.

6. At the time of announcement of the order, the Inspector is not available. A copy of this order shall be communicated to the Superintendent of Police, Muzaffargarh, so that the direction of this Court is complied with, in its strict sense, and the investigation also is undertaken in no antagonistic manner. The present Inspector/S.H.O. shall not investigate the case. It shall entrusted to some other officer, known for his independence and impartiality. The writ petition is disposed of accordingly. AA./F-177/L Petition accepted.