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K.L.R. 2009 Criminal Cases 23

Anwar Shah And Another vs D.P.O.

CitationK.L.R. 2009 Criminal Cases 23
CourtLahore High Court
Case No.Writ Petition No. 12395 of 2008
Date2008-09-22
Judge(s)M. A. Zafar
ResultPetition accepted

ORDER M.A. ZAFAR, J. - Anwar Shah and Mst. Syeda Fatima petitioners have filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer:- "Under the circumstances, it is most respectfully prayed that by allowing the present writ petition, life and liberty of the petitioner and his family members may kindly be protected and respondents Nos. 2 and 3 may also kindly be restrained from illegally and unlawfully harassment of the petitioners and other inhabitants of Dera and be restrained from illegally and raiding at the house of the petitioner, in the interest of justice, equity and fairplay.

It is also prayed that the respondents Nos. 2 and 3 may kindly be strictly restrained from arresting the innocent persons who are not required by the police and they also be directed to return the motorcycle, tractor and livestock illegally and unlawfully taken by the police officials."

The case of the petitioners stated in this petition is that three brothers of the petitioner No. 1 are falsely involved in F.I.R. No. 507/2007, dated 5.8.2008 registered with Police Station Pindi Bhattian under Sections 302, 148 and 149, P.P.C, at the instance of one Saif Ullah and the respondent No. 3 in order to effect the arrest of the accused named in the F.I.R, are conducting illegal raids at the house of the petitioners and causing them harassment and also forcibly took along with them as many as twenty animals, one motorcycle and one tractor. On the protest of the petitioners they were given severe beating by the respondents.

2. Be that as it may, respondents are directed to proceed in the matter strictly in accordance with law and not to do anything, which the law prohibits them to do so. They are further directed not to cause any harassm ent to the petitioners if they are not required in the afore-said case. For the return of the articles allegedly taken away illegally by respondent No. 3, petitioners are directed to approach the respondent No. 1 for redressal of their grievance.

3. With these observations, this petition is disposed.

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