According to petitioner Mst. Shahzadi, mother of detenu Shoukat Ali, S.-I. Saifullah, S.H.O. Of Police Station, KT Mumtaz (respondent No,1), along with respondents Nos.2 to 4 and 12 other unidentified persons in civil dress, all armed with deadly weapons, trespassed into her house, took away her son, detenu Shoukat Ali, and some valuable articles. The petition was filed on 16-3-2009 and notices were issued to the respondents on the same day.
2. According to the respondent No,1, the detenu was arrested by him on 17-3-2009, at 1000 hours, at the bridge of Shandan Wah during patrol and charas weighing 1100 grams was recovered from him. Such F.I.R. Bearing No,13/2009 was registered against him on the same day at 1100 hours.
3. There is force in the argument of learned counsel for the petitioner that F.I.R. No,13/2009 was fabricated by the S.H.O. Mainly to cover his act of illegally detaining the detenu. On 16-3-2009 the petitioner could not possibly know that the S.H.O. Would arrest the detenu and recover charas from him on 17-3-2009 at the bridge. It cannot, therefore, be said that the detenu through the petitioner, was preparing a false defence in advance. On the face of it, the case against the detenu is fabrication on the part of the police. In such circumstances, no useful purpose will be served to allow the case to pass through the mill of investigation and trial. On the contrary, it will be abuse of the process of law as well as of Court. Therefore, the F.I.R., bearing No,13 of 2009 of Police Station K.T.
Mumtaz is quashed.
4. Another F.I.R. Bearing No,29/2009, was registered against the detenu at Police Station Civil Lines, Larkana on 14-3-2009 alleging therein that on the same day i.e, on 17-3-2009 in the lock-up of the police station he injured himself in his abdomen with a piece of plate and thereby attempted to commit suicide. He was taken to C.M.C. Hospital Larkana but after giving him some treatment he has returned back to police as the injury was minor one. According to the learned counsel for the petitioner, F.I.R. No,29/2009 was also a fabrication on the part of police to cover its act of maltreating the detenu.
5. Even if version of police is accepted that the detenu had injured himself, no case of attempt to commit suicide is made out against him. It cannot be said that he attempted to commit suicide by causing himself one minor injury. If he really wanted to commit suicide he would have caused more injuries to himself, as there was none to prevent him from doing so in the bathroom of the lockup. At the most, it can be said that he wanted to deter police and save himself from police torture. Causing injury to oneself, which does not amount to attempt to commit suicide is not an offence.
6. In such circumstances, it will again be abuse of the process of law as well as of Court to allow the case of the so-called attempt to commit suicide to pass through the mill of investigation and trial.
Therefore, F.I.R. No,29/2009 of Police Station Civil Lines, Larkana is also quashed. The detenu is directed to be, released immediately.