1991 P Cr (PLP)

Through this Constitutional petition, Ghulam Haider seeks direction to S.H.O., Police Station, Qaimpur, Tehsil Hasilpur, District Bahawalpur, for the registration of case against Ateeq Butt S.I. and Syed Muntazir Shah Moharrir, respondents Nos.2 and 3.

2. The learned counsel for the petitioner submits that on 1-3-1991, respondents Nos.2 and 3 alongwith 14/1S Constables trespassed into the house of Ghulam Haider, petitioner, caught hold of him, his mother, his wife and other women present in the house, broke the locks of the room and forcibly took away household articles, Rs.15,600 of the petitioner and his motor-cycle and also tortured them.

3. Muhammad Ateeq Butt and Syed Muntazir Shah, respondents Nos.2 and 3, have voluntarily appeared although they were not summoned and only S.H.O., Police Station Qaimpur, was summoned for today. Ateeq Butt S.I./respondent stated that the close relatives of Ghulam Hiader petitioner were required in criminal cases, so he raided the house of the petitioner situate within the limits of Police Station Qaimpur and took away various articles including bed-sheets, Rs.12,000 and motor-cycle of the petitioner as suspected stolen property.

4. After hearing the S.H.O., Police Station Qaimpur, respondent No.1, and the other respondents, namely, Ateeq Butt S.I. and Syed Muntazir Shah Moharrir, I find that the entire action taken by respondents Nos.2 and 3 was illegal inasmuch as they did not make any report at Police Station Qaimpur, with regard to their arrival or intended raid on the house of Ghulam Haider petitioner. They did not associate with them any police official of the Police Station Qaimpur. Except the clothes, which the persons present in the house was wearing they took away all articles' including clothes, bed-sheets, cash and motor cycle of the petitioner on the pretext of stolen property. They did not make any departure report at the Police Station. They did not report the seizure of the property to the Illaqa Magistrate. Their entry into the house and search thereof was also quite illegal. They did not comply with the mandatory provisions of section 165, Cr.P.C. They did not obtain search-warrants from the Ilaqa Magistrate and also did not record any reason in the police file for not obtaining the search-warrants. No respectable person of the locality was associated with the raid on the house of the petitioner. They did not send the copy of the record made under subsection (1) of section 165, Cr.P.C. to the Magistrate. They did not furnish the list of the property removed by them from the house of the petitioner. I feel that under the fanciful colour of their authority as Police Officers, the respondents have committed robbery.

5. In this view of the matter, there can be no two opinions that Ateeq Butt S.I., Incharge Police Post Karampur, and Syed Muntazir Shah Moharrir, Police Post Karampur, Tehsil Mailsi, have committed the offences under sections 452, 392, 342 and 351, P.P.C. It is also a clear-cut case of the misuse of the provisions of section 550, Cr.P.C.

6. The Superintendent of Police, Bahawalpur, will immediately get a case registered under these sections against Ateeq Butt S.I. and Syed Muntazir Shah, Moharrir, respondents Nos.2 and 3, at Police Station Qaimpur, on the basis of complaint mark `A'. He will depute responsible officer not below the rank of D.S.P. to investigate the case. The D.S.P. so appointed will report the progress of the case to the Additional Registrar of Bahawalpur Bench, Bahawalpur, within two weeks.

7. Instead of depositing the property seized by them from the house of Ghulam Haider petitioner in the Court of Ilaqa Magistrate, the respondents took away the same to Karampur, Tehsil Mailsi. Ateeq Butt S.I., respondent No.l, is present in Court. He is directed to bring back the property seized by him on 1-3-1991 from the house of Ghulam Haider and deposit the same with Ilaqa Magistrate, Hasilpur, within three days from today, otherwise serious view of the matter will be taken. 7-A. With the aforesaid observations and directions, the writ petition is disposed of.

8. Copy of this order be sent to Superintendent of Police Vehari, for information and action, which he deems fit. MA.K./G-459/L Petition accepted.