1. FARRUKH ZIA G. SHAIKH, J.--- 1 and 2. By this application under section 561-A of the Criminal Procedure Code, 1898, it is prayed on behalf of the applicant that this Court may set aside order, dated 15-9-2008 passed by learned IInd Additional Sessions Judge in Criminal Miscellaneous Application No,600 of 2008.
2. ' Inter alia, in this application, relief is also sought that official respondents may be restrained from harassing the applicant and her family members and from lodging any F.I.R. Against her, and further that the police officials should not lock the applicant and members of her family inside their house from 8 p.m. To 8 a.m.-daily.
3. ' The facts leading to the present application are that the constitution petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, was filed by the applicant bearing C.P. No:252 of 2008, and similar prayer was requested in that petition. The said petition was disposed of by this Court on 3-9-2008 on inter alia grounds that since there was another equal and efficacious remedy available to the applicant, therefore, she could- not invoke the constitutional jurisdiction to redress her grievance as she could seek relief from Justice of Peace/Sessions Judge.
4. On the basis of this order, dated 3-9-2008, the applicant on 12-9-2008 filed an application under sections 22-A and 22-B of the Criminal Procedure Code before Court of Justice of Peace/Sessions Judge with a similar prayer and also that the police officials were demanding money from the applicant to stay in her house.
5. ' This Court had directed a Court official along with police officials present in Court, to physically go and inspect the site in question and see whether any illegal activity was taking place or brothel was running in the said house. It has been stated by the official of this Court as well as the police officials present in Court that the premises in question is being used for illegal activities and a fit case under section 294 of the Pakistan Penal Code, 1850 is made out. Section 294, P.P.C. Reads as under:--- "294. "Obscene acts and songs." Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, ballad or words, in or near any public place.
6. ' Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
7. In such circumstances, a mischief interpretation to the aforementioned section would be appropriate. It is clear that it was the intention of the Legislature to stop the menace of all prostitution and similar other illegal activities in or near any public place.
8. ' On application under sections 22-A and 22-B, Cr.P.C. Orders were passed by the learned Ilnd Additional Sessions Judge, Sukkur, on 15-9-2008 which is the impugned order herein. It is clearly stated in this order that the applicant continued to reside at a place, which according to her, was used as a brothel with no proper explanation. As per the statement of the officials mentioned above, .Rooms are made on the top of shops/commercial market and there is also a hotel owned by the applicant and the same is running business for the last 30 years.
9. ' Learned Assistant Advocate-General has also invited attention of this Court to the fact that an F.I.R. No,189 of 1987 of Police Station "A" Section, Sukkur, was also lodged against the applicant and that F.I.Rs, Nos.101 of 2006 and 102 of 2006 were also lodged and section 154, Cr.P.C. Book has been produced in Court, which clearly mentions the address wherein the applicant is residing at present. It is clear that the menace of prostitution is increasing and therefore, the same has to be stopped immediately in the interest of justice and the community at large.
10. After hearing the parties at length and also recording the statement of applicant, I am of the calculated view that the premises in question are being run for illegal activities and, therefore, the police officials are directed to lodge an F.I.R. Against the concerned persons. If for any reason the lodging of F.I.R. Is delayed, the applicant and the E members of her family shall not be arrested or harassed in any manner until such titne. The applicant being a lady, is of course at liberty to seek bail or to pursue any other legal recourse as advised. The statements of Muhammad Ilyas I.C.15, Sukkur (respondent No,4), and Sharjil Kharal, D.P.O., Sukkur are taken on record.
11. ' I take this as an opportunity to initiate proceedings against all such persons maintaining brothels and direct Law Enforcing Agencies in District Sukkur to make sure that such commission is prohibited and suppressed.
12. ' In view of the above legal as well as factual findings, this IF criminal miscellaneous application is dismissed.
13. ' Let copies of this order be sent to the Additional Registrar of this Court, who shall, in turn, send the same to the learned District and Sessions Judge, Sukkur, in their respective divisions for guidance and compliance. Copies of this order may also be sent to the Law Secretary, Sindh, Zila Nazim; R.P.O., Sukkur, D.P.O. Sukkur and all other concerned officials of Police Stations in District Sukkur.