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Constitutional Petition No. 789 of 1984, decided on 11th October, 1984.
‑‑‑Art. 199‑‑Writ of mandamous‑‑Registration of criminal case‑-Revolver of petitioner allegedly having been misappropriated by his sons‑‑Sons not impleaded as party‑‑Adequate remedy being available in form of direct complaint, offence if at all committed, held, would fall under S. 403 Penal Code, 1860 which would be non ‑cognizable‑‑Police Station had rightly not registered case, writ was, therefore, refused.
Akhlaq Ahmed Siddiqui for Petitioner.
The petitioner, Khan Muhammad Bakhsh Arshad, by this Constitutional petition, seeks directions from this Court to S.H.O. Bridage Police Station, Karachi, to register a case under the appropriate provisions of law against‑ his sons.
The facts relating to this petition are that petitioner went to Europe in the year 1975. He left his revolver, licence and ammunition with his sons Javaid Anjum Khan, Head Constable Police, at Brigade Police Station, Karachi, and Muhammad Tarique. On his return to Pakistan his sons refused to return the same. He made so many applications but police did not register the case. Therefore, he wants us to issue writ in nature of Mandamus to S.H.O. to register his case.
We have heard Mr. Akhlaque Ahmed. His contention is that revolver of the petitioner has been dishonestly misappropriated by his sons. In our view if offence at all committed falls under section 403, P.P.C. which is non‑cognizable, therefore, the respondent has rightly not registered the case. Moreover the petitioner has not impleaded his sons as parties in this petition against whom he has a agrievance. Not only this but he has adequate alternate remedy available as in case of non‑cognizable offence, he could file a direct complaint.
In view of the above circumstances, petition is misconceived and without any substance, we, therefore, dismiss the same in limine.
S.A. Writ dismissed.
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