' ZUBDA-TUL-HUSSAIN, J----- Syeda Ishrat Bokhari, respondent No,3, an erstwhile wife of petitioner's brother filed a petition under section 22-A, Cr.P.C. Before the Ex-Officio Justice of Peace/learned Additional District Judge Rawalpindi for registration of a criminal case against the petitioner and others. The grievance of respondent No,3 is that her son namely Muhammad Rizwan was missing and she had apprehension that her son had been murdered but the police was not investigating the case properly or making positive efforts for the recovery of her son. A In her petition, it follows from the contents of the petition under section 22-A, Cr.P.C. That she nominated certain accused in that behalf also. She accordingly prayed that a direction may be issued to the S.H.O. Police Station New Town, Rawalpindi to register a criminal case against Syed Ashfaque Hussain Shah (the present petitioner) and others and also to have resort to appropriate action against the delinquent police officials.
2. This application was disposed of by the Ex-Officio Justice of Peace with the following direction:-- "Petitioner is directed to approach, the S.H.O. Concerned, who shall hear the petitioner and then proceed in accordance with law."
3. As is customary with the police it virtually embarked upon the investigation without registration of any case/F.I.R. It called the parties, interrogated them and gave a finding of innocence of the two accused namely Shabeer Shah and the B petitioner Syed Ashfaq Husain Shah.
4. The matter, however, did not end up. As alleged by the petitioner the police has been calling the petitioner etc. And subjected them to harassment without any lawful justification. During the hearing of this petition the Sub-Inspector Saleh appearing on behalf of the respondents Nos.1 and 2 has placed on record a statement of Syeda Ishrat Bokhari i.e, respondent No,3 to the effect that she would give three months time to the accused to find her son and for the time being she wanted no proceedings against them.
' The grievance raised in the instant petition under ' Article 199 of the Constitution of Islamic Republic of Pakistan 1973 is that the respondents Nos.1 and 2 are misusing their official powers and causing harassm ent to the petitioner despite the fact that the petitioner and the alleged co- accused have been found innocent in this case. The prayer submitted by the petitioner is as under:-- "It is therefore humbly prayed that this Honourable Court may be pleased to accept the instant writ petition and directions may kindly be issued directing the respondents Nos.1 and 2 for, not pressurizing, threatening, or harassing the petitioner and calling the petitioner to the police station after their statements and , comments before the Additional Sessions Judge Rawalpindi."
6. As is obvious from the above till now no case has been registered by the police against the petitioner regarding the alleged abduction or murder of the son of respondent No,3. In the absence of any F.I.R. Or other legal proceedings under the Cr.P.C. The police has no authority to hold the petitioner and accused or to call or apprehend him as an accused. The police can no doubt proceed with the matter on the basis of the direction issued by the Ex-Officio Justice of Peace but for the purpose also it has to act in accordance with law. The Sub-Inspector present in Court has also stated that the police does not intend to proceed against the petitioner or cause any harassm ent to him in illegal manner and that the police shall proceed in the matter on the basis of the directions of the Justice of Peace or otherwise strictly in accordance with law.
7. Accordingly it is directed in relation to the direction of the Ex-Officio Justice of peace issued on the application of respondent No,3 under section 22-A Cr.P.C. Or on the basis of the other information/material regarding the alleged abduction and or murder of Rizwan son of respondent No,3, the respondents No,1 and 2 shall act only and strictly in accordance with law and shall not cause illegal harassm ent to the petitioner.
8. With the above observations, the writ petition stands disposed of.