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MUHAMMAD AFZAL KHAN versus S.H.O.


Interim Constitution Order 1981 Article 9 Criminal Code of Conduct (v. 1898), Section 154 Petitioner to file a case against the police, requesting that they prevail over a compromise document to process it. Which is available in both criminal and civil courts. Applicant High Court has no available reasons for instructing police to file case: Prayer is not allowed

1984 M L D 1540 (2)

[Lahore]

Before Muhammad Zafarullah, J

MUHAMMAD AFZAL KHAN--Petitioner

versus

S.H.O. and others--Respondents

Writ Petition No.1117 of 1984, decided on 21st March, 1984.

Provisional Constitution Order (I of 1981)--

---Art.9--Criminal Procedure Code (V of 1898), S. 154--Prayer for ordering registration of case against police--Petitioner making accusation against police that they tried to prevail upon him to execute a compromise document--Remedy both in criminal and civil courts available to petitioner--No sufficient reasons available to High Court to give a direction to Police to register a case--Prayer not allowed.

Mehr Ghulam Ali Mubashar for Petitions

ORDER

The petitioner complains of harassment at the hands of the police inasmuch as he has been compelled according to the learned counsel, to execute a document compromising a civil suit. According to the facts narrated by him the police tried to prevail upon him to execute a compromise document but then on his request he was allowed to get into the Court room of Rana Muhammad Jahangir Khan, Civil Judge but when he left the Court room he was again encircled by the respondents and compelled to complete the writing. I do not think that it is proper for me to comment on the allegations made by the petitioner for the reason that the petitioner may seek a remedy both, in criminal and civil Courts and my observation might prejudice his case one way or the other. If the petitioner intends to avoid the effect of the document he may have to go to Civil Court and in the criminal Court he naturally has an alternate remedy of filing a complaint. I, however, do not find sufficient reason to give a direction to the police to register a case. The petition is dismissed in limine.

M.Y.H. Petition dismissed.

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