1998 PLP 495 (MLD)

Writ Petition No.4184 of 1993, decided on 10th November, 1994.

Art. 199

Penal Code (XLV of 1860), S. 506

Criminal Procedure Code (V of 1898), Ss. 154 & 201

Telegraph Act (XIII of 1885), S. 29

Constitutional petition

Alternate adequate remedy available

Maintainability

Petitioner who claimed to be a Doctor had alleged that respondent Divisional Engineer alongwith other officials trespassed his shop and not only threatened him to teach him a lesson, but also gave kick and fist blow to him

Petitioner had alleged that, despite his efforts, no case had been registered against the respondents, instead F.I.R. under S. 506, P.P.C. and S. 29 of Telegraph Act, 1885 had been registered against him (the petitioner) with mala fide intention

Petitioner through Constitutional petition had prayed for issuance of a writ about registration of a case against respondents on basis of alleged occurrence

Efficacious remedy of filing a private complaint being available to the petitioner, he could proceed in accordance with law

Constitutional petition filed by petitioner against his alleged grievance was not maintainable. Syed Zafar Hussain for Petitioner. Altaf Ibrahim Qureshi for Respondents Nos. l and

2. Grievance voiced through this writ petition is that Kashif Rahim petitioner, who claims to be a doctor, alleged that on 20-8-1993 at 6.00 p.m. Muhammad Azam Khan, Divisional Engineer, Telephones, New Multan Exchange, Multan, Nazar Muhammad, Junior Clerk, and Abdul Ghaffar U.D.C., of New Multan Exchange, respondents Nos.3 to 5, illegal trespassed his shop and threatened him that they would teach him a lesson for complaining against them to the higher officials, that they gave kick and fist blows to him when Nadim and Habib Gujjer shopkeepers having the business close to his clinic arrived and saved him. The grievance of the petitioner is that all has happened as his telephones No.553190 and 553290 installed in the clinic were disconnected. He maintained that in spite his efforts made by him no case has been registered. He added that F.I.R. No.373 dated 28-8-1993, under section 506, P.P.C. and section 29 of the Telegraph Act stands registered at Police Station New Multan with mala fide intention at the instance. of Muhammad . Azam Khan, Divisional Engineer, Telephone respondent No.3, against him with a delay of 10 days. He prayed for the issuance of a writ about the registration of a case on the basis of the aforesaid said occurrence, dated 20-8-1993, which allegedly took place at 6.00 p.m. in his clinic.

2. I have heard the preliminary arguments. It is the admitted position that the instance of Muhammad Azam Khan, Divisional Engineer, Telephones, respondent No.3, case F.I.R. No.373, dated 28-8-1993, stands registered against the petitioner under section 506 P.P.C and section 29 of the Telegraph Act. The telephone connections of the petitioner have been disconnected and the motive can be with him to fax the Officers/Officials of the Telephone Department. In my view the efficacious remedy of filing a private complaint is available to the petitioner and he may proceed in accordance with law. On my query Kashif Rahim, petitioner, present in Court, intimated that he was not a qualified doctor even though he has named himself as Dr. Kashif Rahim in the writ petition. My view is that there is no necessity to get registered the case against respondents Nos.3 to 5 with the intervention of the Court at the relevant police station. I, therefore, dismiss this petition in limine. H.B.T./K-47/L Petition dismissed.