1985 P Cr (PLP)

‑‑‑Art. 199‑‑Criminal Procedure Code (V of 1898), S. 154‑‑Allegations of rape made against Police Officer‑‑Superintendent of Police directed to order registration of case against him and see advisability of entrusting investigation of case to some higher Police Officer. (c) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 199‑‑Penal Code (XLV of 1860), S. 302/34‑‑Constitutional juris diction‑‑Prayer for ordering re‑investigation of case under S.302/34, Penal Code‑‑No material available to pass such order‑‑Prayer not ‑‑accepted. Hassan Ahmad Khan Kanwar for Petitioner. Sh. Riazul Haq for the State. On the night between 31st of May, 1975 and 1st of June, 1975, Mst. Sardaran woke up her husband Fazil and conveyed information that their milk suckling child was not present on the cot. In the meantime, Muhammad (P.W.) informed them that their child had been strangulated to death by Latif and Mst. Sarwar, daughter of Sher Muhammad. He further conveyed information that he alongwith Yousaf and Ahmad had apprehended Latif and Mst. Sarwar while committing murder. Fazil lodged report on 1‑6‑1975, at 6‑35 a.m. at Police Station Noor Shah. On 2‑6‑1975, Mst. Sarwar was sent to Central Jail, Sahiwal, where she made a statement before the Superintendent Jail, on 6‑6‑1975. In this statement, she levelled allegation that she was manhandled by the Thanedar and the Thanedar had committed rape with her three times, while constable had held her by the arms. The Superintendent Central Jail, Sahiwal, sent the statement of Mst. Sarwar to the District Magistrate for necessary orders. The learned District Magistrate directed Ch. Faqir Muhammad Javaid, Magistrate Ist Class, Sahiwal, to hold an enquiry into the matter and submit a report: No order was passed for the registration of the case on the basis of the statement of Mst. Sarwar, which she made before the Superintendent, Central Jail. Sahiwal, on 6‑6‑1975. The Enquiry Magistrate came to the conclusion that there was no material on the file to substantiate the allegations of Mst. Sarwar against the police. He recommended that tire proceedings may be dropped. The learned District Magistrate informed the Superintendent, Central Jail, Sahiwal, on 29‑7‑1975, that the enquiry had been filed and Mst. Sarwar be informed accordingly.

2. Mst. Sarwar has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with clause (22) of Letters Patent. She alleged in this petition that the S.H.O., two constables and Ch. Mulazam Hussain Head Constable had given her merciless beating. She further levelled allegation that the S.H.O. thrice committed rape on her person. A prayer was made by the petitioner that the Inspector‑General of Police may be directed to arrange for the re‑investigation of the case, F.I.R. No.155, dated 19th of June, 1975, under section 302/34, P.P.C.

3. It is provided under section 154, Cr.P.C. that every information relating to the commission of a cognizable offence, if given orally to an officer‑in‑charge of a Police Station, shall be reduced in writing by him. When a cognizable offence is committed and an information is conveyed about the commission of such offence, the case has to be registered under the provisions of section 154, Cr.P.C. Mst. Sarwar, petitioner, clearly levelled allegation in her statement, dated 6‑6‑1975, made before the Superintendent, Central Jail, Sabiwal that the Thanedar had committed rape upon her thrice and the constable had been holding) her by the arms at that time. The Superintendent of Police is directeal to pass an order for the registration of the case on the basis of the statement of Mst. Sarwar, daughter of Sher Muhammad, dated 6‑6‑1975, made before the Superintendent, Central Jail, Sahiwal. He may see the advisability of entrusting the investigation of the case to some higher police officer.

4. The prayer of quashing the report of Ch. Faqir Muhammad Javid, Magistrate Ist Class, is misconceived. I do not find any material to, pass an order for the re‑investigation of the case F.I.R. No. 155, dated 1‑6‑1975, under section 302/34, P.P.C. The writ petition is disposed of in the above terms. M. Y. H. Order accordingly.