1999 PLP 2705 (YLR)

‑‑‑‑Ss.154 & 173‑‑‑Penal Code (XLV of 1860), S. 302/148/149‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Registration of counter F.I.R.‑‑ Police report showed that no one had appeared to support the counter version put up by the brother of the deceased or the petitioner‑‑‑Final report under 5.173, Cr. P. C. having beers sent to the Special Court, case was pending trial‑‑‑Equally efficacious remedy in the form of criminal complaint being available to the petitioner to prove her contention, no action was called for on the Constitutional petition which was dismissed accordingly. Naveed Saeed Khan for Petitioner. This petition is moved by Mst. Sarwat Bano for the registration of a criminal case under sections 302/34 and 148/149, P.P.C. against respondents Nos. 6 to 10 on the ground that her husband Khalid Saeed was killed on 25‑12‑1997 in an occurrence reported by Muhammad Khan vide F.I.R. No.463. dated 25‑12‑1997 at Police Station, Dichkot, District Faisalabad. In this connection, it is contended that a case against the killers of aforesaid Khalid Saeed was not registered by the police although in fact the complainant party was aggressor, instead of accused party i.e. deceased Khalid Saeed and others.

2. A report about the occurrence was called for from the S. S. P and D. S. P. Faisalabad who have submitted that according to the F.I.R., the complainant Muhammad Khan reported that the deceased Khalid Saeed had come to commit the occurrence alongwith others and actually made fire with .222 gun but the fire missed. In the mean time Qazi Khalid alias Saifullah fired a burst thereby killing aforesaid Khalid Saeed on the spot. Thereafter, the other accused started firing.

3. It is submitted in this petition that murder case was registered against the deceased and others for the death of Qazi Khalid alias Saif Ullah from the complainant side but no case was registered against the complainant side for causing death of aforesaid Khalid Saeed.

4. As pointed out above, in the comments the concerned police has submitted that during the investigation, the complainant side was found aggressor and no proof was given by the present petitioner that they were the victim of aggression as claimed in this petition. In this regard, it was alleged that Writ Petition No.211/98 was filed by Shaukat Ali, a brother of Khalid Saeed deceased which came up for hearing before my learned brother Dr.Khalid Ranjha, J. (as he then was), but the same was dismissed on the ground that a detailed report was submitted by the police before him that during inquiry made at the spot nobody appeared to support the version of the brother of the deceased. It was further assured to the Court that if any body appeared to substantiate the contention made in the aforesaid writ petition, the matter will be considered on its merits. However, according to the report submitted in this petition by the police, no one appeared to support the counter‑version put up by the brother of the deceased namely Shaukat Ali aforenamed or the present petitioner. Final report under section 173, Cr.P.C. has been sent to the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1979, Faisalabad Division Faisalabad where the case is pending trial. In such a situation, no action would be called for on this petition because other equally efficacious remedy such as criminal complaints etc. is available to the petitioner to prove her contention. This petition is accordingly dismissed. N.H.Q./S‑389/L