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Writ Petition No. 25 of 1985, decided on 13th January, 1986.
‑‑‑Art. 9‑‑Registration of criminal case directions for‑‑Criminal case stood already registered against petitioner and it seemed he wanted to overawe police and others by getting a case registered against them so that, proper investigation might not be carried out‑‑Petition dismissed‑ Petitioner however had an alternate remedy of filing a private complaint which he might pursue.
Mian Bashir Ahmad Bhatti for Petitioner.
Nemo for Respondents.
Date of hearing: 13th January, 1986.
This writ petition has been moved for issuing a direction to the S.H.O., P.S. Saddar, D.G. Khan for the registration of a criminal case against the police officials mentioned in the petition.
2. It is alleged that the petitioner and his brother were owners .in possession of a piece of land, upon which some construction had been made which is being used as Dera. Muhammad Umer and Pir Bakhsh wanted to take illegal possession of a portion of the aforementioned property. On 26‑6‑1984, they‑accompanied by Liaquat Ali S.I., Muhammad Akram A.S.I. and 5 constables armed with deadly weapons trespassed into the house of the petitioner and others. The police officials gave a beating to the petitioner and his brother. The ladies were also not spared. Muhammad Akram. A.S.I. fired two shots in the air in order to create fear in term upon which the petitioner and his brother ran away. The petitioner stated that he had approached the S.P. and D.I.‑G., D.G. Khan for the registration of a case but with no result.
3. The petitioner had earlier filed Writ Petition No. 748/84 for the same purpose. A report was called from the S.H.O. P.S. Saddar D.G. Khan. According to him the allegations levelled by the petitioner were not true and on the other hand a case under sections 148, 500, 506/149, P.P.C. stood Registered against the petitioner and others. The S.H.O. was directed to see that the investigation of the said case was carried out strictly in accordance with law and no partiality was shown in the matter. The petitioner was directed to approach S.P.,G.D. Khan if he had any grievance against the police. It is stated that the petitioner did approach the S.P., D.G. Khan but without any success.
4. Since a criminal case stands already registered against the petitioner, he seems to overawe the police and others by getting a case registered against them so that proper investigation may not be carried out. He has an alternate remedy of filing a private complaint. He may pursue the same.
In the above circumstances, I do not feel inclined to exercise my constitutional jurisdiction in the matter and accordingly dismiss the petition in limine.
H.B.T. Petition dismissed.
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