1985 P Cr (PLP)

Ss. 249-A & 439--Penal Code (XLV of 1860), Ss. 420 & 468--Pakistan (Control of Entry) Act (LV of 1952), S. 4--Acquittal--Revision against- Competency--Accused proceeded against by trial Court on an F.I.R. and were acquitted--Locus standi of complainant to come up with revision petition found to be doubtful especially when appeal under S. 417, Cr.P.C. had already been rejected--Revision petition, held, not competent. Abdul Hamid Qureshi for Petitioner. Muhammad Ashraf Khan Gadoon for Respondents. K.G. Sabir for the State. Date of hearing: 7th March, 1984. On the application of Shamsur Rehman petitioner herein, who is a Lambardar of village Kabgani, the respondents herein were charged under section 4 of the Pakistan (Control of Entry) Act 1952, and section 420/468, P.P.C. vide F.I.R. No. 4 recorded at Police Station, Topi on 12-1-1982. The allegations against the respondents were that they had entered Pakistan on an Emergency Certificate obtained from the Pakistan Embassy in India on 30-4-1965, that this Emergency Certificate was extended upto 31-1-1966 where after no extension was made, that respondents Mst. Najmul Nisa and Mir Muhammad obtained Pakistan Identity Cards whereas the former was not even a citizen of Pakistan. The respondents were sent up for trial before the Sub-Divisional Magistrate, Swabi where they were charged for the said offences but they pleaded not guilty and claimed trial. The learned trial Magistrate acquitted them under section 249-A, Cr.P.C. vide judgment, dated 26-10-1982. The aforesaid Shamsur Rehmen filed an application under section 417, Cr.P.C. in the Court of District Magistrate, Mardan but the same was also rejected on 12-2-1983. Hence the present revision petition.

2. The perusal of the record would show that respondent Muhammad Rauf is a citizen of Pakistan and resident of village Kabgani where he possesses landed property as well. He went to India in 1959, where he married respondent Mst. Najmul Nisa and was turned out of India, as a result of 1965 war. He came back to Pakistan with his wife, his son Mir Muhammad and his daughter Mst. Nasim Bano who subsequently died and it appears that his other daughter Mat. Hamida respondent herein was born in Pakistan. Subsequently respondents Muhammad Rauf, Mir Muhammad, Mst. Najmul Nisa obtained identity cards in Pakistan. Respondents Mst. Najmul Nisa, Mir Muhammad and Mst. Hamida Bano applied in the year 1982 to the Government of Pakistan, Ministry of Interior, Islamabad for obtaining Pakistan Citizenship and a letter issued by the Section Officer of the said Ministry enjoins that the respondents may not be disturbed until their case for the grant of Pakistan Citizenship Certificate is decided.

3. It shall be seen that respondent Muhammad Rauf is a citizen of Pakistan, his son respondent Mir Muhammad and his daughter Mst. Hamida Bano, the latter having been born in Pakistan, are entitled to citizenship of Pakistan under section 5 of the Pakistan Citizenship Act, 1951. This leaves only the case of respondent Mst. Najmul Nisa who was a citizen of India before marriage with respondent Muhammad Rauf. However, her case was also covered by subsection (2) of section 10 of the aforesaid Act. On coming to know of this position she applied to the Ministry of Interior for the grant of Pakistan Citizenship. It was R mere irregularity which was the result of ignorance of Pakistan Law by her which could be regularized by the said certificate.

4. The respondents were proceeded against before the Sub-Divisional Magistrate, Swabi on an F.I.R. and were acquitted. The locus standi of petitioner Shamsur Rehman to come up with the present revision petition was also doubtful, especially when appeal under section 417, Cr.P.C. had been rejected by the District Magistrate, Mardan. Confronted with this situation, the learned counsel for the petitioner could not satisfy the Court as to the competence of the present revision petition.

5. For the aforesaid reasons, this revision petition is dismissed. H.A.K. Revision petition dismissed.