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Writ Petition No. 674 of 1987, heard on 4th August, 1987.

--Art.199--Constitutional petition seeking direction to S.H.O. Police for registration of case filed by G alleging that his brother A had been severely beaten and false case registered against him by certain persons--G in his petition not impleading persons against whom he was seeking registration of case nor filing with petition affidavit of his brother A--Omission to file affidavit of A, held, materially affected the merits of case and cast doubts on bona fide of writ petition--G in circumstances, held, had no locus standi to file petition.

Naveed Shehar Yar with Rana Zahid Mahmood for Appellant.

Farooq Bedar, A.A.-G. for Respondent.

Date of hearing: 4th August, 1987.

I have gone through the petition and various documents which have been placed on file of this case. I have heard the learned counsel for the petitioner at some length.

2. In brief the facts of this case are that allegedly on 31-12-1986 at about 5-15 P.M. Arshad Iqbal, aged about 24 years, a brother of Gul Afsar petitioner was present in his Haveli. All of a sudden Mulazam Hussain etc., 7 persons armed variously came there. Ibrar Hussain fired at Arshad Iqbal, who was not hit. The accused then gagged him and forcibly took Arshad Iqbal to the house of Khadim Hussain and gave him severe beating. The occurrence was witnessed by Ansaf Hussain and others. It is alleged that Arshad Iqbal was confined in a room of the house of Khadim Hussain and was later got challaned through S.I. Asghar Ali in a false case under section 13 Arms Ordinance, 1965. The motive was stated to be family dispute regarding engagement, of Arshad Iqbal with a daughter of Mulazam Hussain. It is stated in the petition by Gul Afsar that he came to know of this occurrence at Lahore. He went to his village and after ascertaining facts made an application to the S.H.O. for registration of case against the above-named persons. This was not done. Hence this constitutional petition seeking direction to the S.H.O. for registration of the case against the culprits.

3. A copy of this petition was sent to respondent for parawise comments wherein it is stated that on 31-12-1986 Arshad Iqbal and Ibrar Hussain abused each other. On hearing noise Mulazam Hussain and others reached the spot. They caught Arshad Iqbal, who was found having a revolver and a carbine in the side pocket of his shalwar. The police was informed of this occurrence who reached the house of Khadim Hussain and found Arshad Iqbal sitting there. A revolver and carbine were recovered from Arshad Iqbal for which he had no licence. A case vide FIR No.113 dated 31-12-1986 was accordingly registered. The matter was enquired into by the S.H.O. at the spot in detail. He found that the story put forth by Ibrar Hussain and others was factually correct.

4. It is admitted at the Bar that Arshad Iqbal was allowed bail in the Arms Ordinance case in January, 1987 and that he is residing in his village since then. It is further admitted that Arshad Iqbal did not get himself medically examined after his release on bail. The learned counsel further admitted that till filing of the present constitutional petition on 9-2-1987 by Gul Afsar, Arshad Iqbal himself did not take any action regarding the happening with him. It is further stated at the bar that till today neither Arshad Iqbal got himself medically examined nor did he file any complaint regarding the occurrence in any Court. The accused persons against whom the case is sought to be registered, though named in the body have not been impleaded as party in this petition. All the applications to the police officers which have been annexed with this petition were on behalf of and signed by Haji Gul Afsar, present petitioner. No one of these application was signed by Arshad Iqbal himself. The main constitutional petition was not supported by affidavit of Arshad Iqbal or any of the alleged eye-witnesses. However, alongwith the rejoinder to parawise comments the petitioner appended affidavits of Ansaf Hussain, Abid Hussain, Fazal Hussain, Mst. Mutaa Bibi, Mst. Zarina Begum, Karam Elahi Lumbardar, Muhammad Aurangzeb Vice-Chairman, Malik Iftikhar Hussain, Ghulam Rasul, Hafiz Muhammad Abdullah, Raja Sher Dil, Malik Muhammad Khan, Malik Karam Ali, Haji Fateh Muhammad, Muhammad Amir, Sattar Muhammad, Manazar Hussain : nd Muhammad Fazil. All these affidavits are short and do not contain the details of the occurrence. Surprisingly even at this stage the affidavit of the aggrieved person Arshad Iqbal was not filed. The omission to file the affidavit of Arshad Iqbal materially affects the merits of this case and casts doubt on the bona fide of this petition. In my view Gul Afsar is net the person aggrieved in this case. He had no locus standi to file this petition.

In view of the circumstances mentioned above I find no merit in this petition which is accordingly dismissed with costs.

K . B.A. /G-73/L Petition dismissed.

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