This I.C.A proceeds against the judgment dated 28.6.2005 passed by learned Single Judge, in chamber, of this Court whereby W.P. No. 2866/2005 filed by Respondents Nos. 1 and 2 was disposed of in the following terms:-- "Through this Constitutional petition, the petitioners seek registration of case against the police officers, who allegedly arrested the petitioners from the University Hostel, deprived them of certain amounts and also confined them at Gulgasht Police Station for 20 hours in spite of the fact that no case was registered against the petitioners.
2. As from the perusal of the contents of this petition cognizable offence is prima facie made out, SHO Police Station Alpa, is directed to record statement of Petitioner No. 1 u/S. 154 Cr.P.C. and proceed further in accordance with law."
Pursuant to the above-mentioned judgment of the learned Single Judge case FIR No. 175/2005 was registered under Sections 379, 506, 426, 421 PPC by Police Station Alpa, Multan on 12.7.2005. The grievance voiced through this I.C.A. in brief is that the said FIR has been registered in violation of the above-mentioned judgment of the learned Single Judge, inasmuch as the learned Single Judge in the impugned order had only directed for-registration of case against the police officers but instead the names of appellants have also been included in the FIR, therefore, the said FIR to the extent of inclusion of names of the appellants was not only beyond the directions issued by the learned Single Judge but was also an act of mala fide on the part of the police.
2. Respondents Nos. 1 and 2 have entered appearance through their learned counsel and insist that FIR was not registered as reported by them through their applications submitted to the Police Station and the alleged application dated 12.7.2005 available on the police record on the basis of which the present FIR was registered was not the same as submitted by Mehr Raees Respondent No. 1. In order to determine the genuineness of the application made by respondents, it was considered necessary to summon S.H.O. Police Station Alpa to appear before this Court alongwith original application submitted by the respondents, for registration of case in the light of the order of the learned Single Judge dated 28.6.2005.
3. Today, i.e. 26.6.2006 Nazir Ahmad S.I/S.H.O Police Station Alpa, Multan has appeared alongwith original application dated 17.7.2005 and submits that the FIR was copy verbatim of said application but Mehr Raees Respondent No. 1 after seeing the said application, again disowned the same by submitting that he had in fact submitted the application for registration of case on the very evening of above-mentioned order of the learned Single Judge and that application available on the record does not contain the true facts.
4. Mr. Zafarullah Khan Khakwani, learned A.A.G. after seeing the application submits that to his view the writing and the ink on the said application was different from one page to the second. When asked as to whether in the present facts and circumstances of this case it was legally permissible to direct the police to record statement of Mehr Raees Respondent No. 1 afresh and then to proceed with the investigation of the case in the light of the order of the learned Single Judge mentioned above, the learned Law Officer answers the same in positive and in this respect has placed reliance on the case "Mst. Anwar Begum versus Station House Officer, Police Station Kalri West, Karachi and 12 others" (PLD 2005 SC 297) wherein the apex Court observed as under:-- "This Court in the case of Wajid Ali Khan Durani and others versus Government of Sindh and others"
(2001 SCM R 1556) maintained the order of High Court whereby registration of third F.I.R. was allowed on the ground that the two F.I.Rs. earlier registered by police do not reflect the true facts of the case. It has also been held in this case that if information given to a police officer, which discloses a different offence was also cognizable by the police, then unless it is a mere amplification of the first version, must be recorded by the police."
Resultantly this I.C.A. is allowed and Mehr Raees Respondent No. 1 is directed to appear before S.H.O.
Police Station Alpa, Multan who after recording his statement will registered the FIR afresh and then will proceed with the investigation of the case in the light of above mentioned directions of the learned Single Judge.