2004 PLP 1619 (MLD)

By filing this writ petition, the petitioners are seeking an appropriate writ/direction to quash F.I.R. No.117 of 2002 registered on 23-11-2002- under sections 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 in Police Station Kala Bagh, District Mianwali alongwith its proceedings against the petitioners pending in the Court of learned Sessions Judge, Mianwali by declaring the same to be mala fide, illegal, abuse of process of law and without lawful authority.

2. Vide order dated 20-3-2003 this Court had directed respondent No.1 i.e. S.H.O. To submit report/parawise comments and which have been accordingly submitted. In the report it has also been stated that the case against the petitioners based on the aforesaid F.I.R. Is now pending in the Court of Mehr Muhammad Yousaf, learned Additional Sessions Judge, Mianwali.

3. Arguments have been heard and record perused.

4. The learned counsel for the petitioners has taken the plea that the alleged abductee i.e. Petitioner No.3 Mst. Aqal Bibi has vehemently denied the allegation regarding her abduction by petitioners Nos.1 and 2 and commission of Zina. However, the Investigating Officer instead of cancelling the aforesaid case had proceeded to submit the challan in the Court. He has also argued that Mst. Aqal Bibi had submitted and application before the learned Sessions Judge, Mianwali to the effect that she had not been abducted by anyone nor Zina was committed with her and hence the Police Officer concerned be directed refrain from causing harassment to her. Similarly, Waheed Khan the former husband of the alleged abductee had filed an affidavit that he had divorced her. In the report/parawise comments submitted by the S.H.O. Of Police Station Kala Bagh, it was also stated that a compromise had been effected between the parties during the pendency of the application for pre-arrest bail and hence due to the said reason pre-arrest bail of the petitioners was confirmed by the learned Sessions Judge, Mianwali on 2-12-2002.

5. Now the position is that even if the petition itself it has been stated that the proceedings are now pending in the learned Court of Session, Mianwali. In the report/parawise comments submitted by respondent No.1 it had submitted that the challan in this case has been submitted and the case is now pending in the Court of Mehr Muhammad Yousaf, learned Additional Sessions Judge , Mianwali. It therefore, means that the petitioners have other efficacious remedy available to them in the form of application under section 265-K, Cr.P.C. which he can file before the learned trial Court. Since other adequate/efficacious remedy is available to the petitioners as mentioned above, there is hardly any justification for filing this writ petition and thus the same is accordingly dismissed. H.B.T./I-51/L Petition dismissed.