1996 (PLP)

Mehar Muhammad Saleem for the State. Abdul Aziz Khan Niazi for Respondents Nos. 2 and

3. Date of hearing: 15th January, 1996. On 22-11-1995 petitioner Mst. Manzoor Elahi filed this application under section 491, Cr.P.C. for the recovery of her minor son Muhammad Fayyaz aged 12 years from the alleged illegal and improper custody of Ch. Muhammad Anwar Inspector/S.H.O. Police Station Luddan, District Vehari. According to her respondents Nos.2 and 3 named as Ali Muhammad Khan and Nazar Muhammad Khan demanded her area to maintain a new road and at their instance without any legal justification her aforesaid son Muhammad Fayyaz had been illegally detained by the S.H.O., Police Station, Luddan. This petition was supported by an affidavit.

2. A bailiff was deputed by this Court to reach Police Station Luddan, District Vehari and to recover Muhammad Fayyaz alleged detenu. Anwar Jamil bailiff of this Court reached Police Station Luddan, District Vehari on 22-11-1995 at 7-5 p.m. He introduced himself and took into possession the Daily Diary wherein there was no entry about the registration of any case against Muhammad Fayyaz alleged detenu as well as his arrest. He took into his custody Muhammad Fayyaz and produced him before this Court on 23-11-1995.

3. During the arguments the S.H.O. intimated this Court that F.I.R. No.371, dated 22-11-1995 was registered at 7-50 p.m. against Muhammad Fayyaz and his two brothers Riaz and Imtiaz under section 379/430/506-B/ 431/341/427, P.P.C. at the instance of Ali Muhammad Khan respondent wherein he had alleged that the aforesaid three brothers did not let them use the road regarding which he has instituted a suit before the Civil Court. According to him on 21-11-1995 at morning prayer time he was going to Luddan from his house situated in village Mangan Wali alongwith Nazar Muhammad and Ghulam Qadir P.Ws. In the way they were surprised by Muhammad Fayyaz, Riaz and Imtiaz who had restrained them when they made diminution of water and criminally intimidated them and also violated the stay order issued by the Civil Court. The said complainant Ali Muhammad Khan alleged that an amount of Rs.10,000 fell on the ground which was picked by the accused persons and that he caught hold of Muhammad Fayyaz while his brother Riaz and Imtiaz made good their escape. The plea taken by the Police Officer/respondent No. l is that he was justified to arrest Muhammad Fayyaz on the basis of the aforesaid F.I.R. The arguments on the aforesaid application were heard on 23-11-1995. Since no case was registered against Muhammad Fayyaz and his arrest was not shown in the Daily Diary maintained in Police Station Luddan, District Vehari he was declared as a detenu and was set at liberty to go to a place of his own choice. The Police Officer was restrained from showing any vengeance against the petitioner, the released detenu and his family members. On the same date I admitted all the three brothers Muhammad Fayyaz, Riaz and Imtiaz to pre-arrest bail in the sum of Rs.1,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Area Magistrate, Police Station Luddan, District Vehari, while exercising my suo moto jurisdiction keeping in view the facts of the matter. The certificate about the submission of the bail bonds etc. has been procured from the. Area Magistrate and has been submitted by the learned counsel for the petitioner which has been added to this file.

4. On 11-12-1995 the matter was again taken up when I issued the notice to the State through the S.H.O. as well as the complainant through his learned counsel Mr. Abdul Aziz Khan Niazi, Advocate for the quashment of the F.I.R. under my suo motu jurisdiction.

5. I have heard the learned counsel for the, parties as well as the Police officer and gone through the record before me. Mr. Abdul Aziz Khan Niazi, Advocate has scrupulously conceded that a dispute stands initiated between the parties about the maintenance of a path regarding which a suit is also pending before the Civil Court. According to him to put the pressure upon the adverse party/defendants who are none else than the brothers inter se and the sons of Mst. Manzoor Elahi the criminal case stands registered. Learned counsel for the petitioner has rightly expressed that in case Muhammad Fayyaz was taken into their custody by Ali Muhammad Khan complainant of F.I.R. No.371/95 on 21-11-1995 at morning Namazwela and had he produced him before the police before the arrival of the bailiff the fact of his arrest must have been shown in the Daily Diary. It seems that the police Officer is siding the influential Zamindar of the area to put the pressure upon Mst. Manzoor Elahi who has to provide bread and butter to her six issues. The criminal case stands initiated/registered. The genuineness of the same is doubtful even according to the learned counsel for the complainer. The registration of the case after the recovery of Muhammad Fayyaz is simply an overdoing on the part of Ch. Muhammad Anwar Inspector/S.H.O., Police Station Luddan. He has exceeded his jurisdiction who should avoid such a working failing which in case of repetition he may have to face the legal consequences i.e. notice for contempt of Court and A this matter may also be re-opened. F.I.R. No.371, dated 22-11-1995 at .7-50 p.m. was registered to frustrate the order passed by this Court about the recovery of Muhammad Fayyaz released detenu from the alleged illegal and improper custody of the S.H.O., Police Station Luddan, District Vehari. Such an F.I.R. is liable to be quashed.

6. For what has been said above, I quash F.I.R. No. 317, dated 22-11-1995 registered at Police Station Luddan, District Vehari under section 379/430/506-B/431/341/427, P.P.C. This matter stands disposed of. H.B.T./M-2709/L Order accordingly