' DOST MUHAMMAD KHAN, J.--The petitioners have questioned the legality and propriety of the registration of case involving them in crimes under sections 366/376/109, P.P.C. By Police Station, Nowshera Kalan vide F.I.R. No,536 dated 12-7-2008.
' Arguments heard, record perused.
2. The main contention of the petitioners counsel is that in view of the promulgation of Criminal Law Amendment (Women Protection) Act, 2006 particularly under the amended provisions of section 203-A, Cr.P.C. One of the petitioners being a lady cannot be subjected to police investigation nor the police have an authority to register a case against her.
3. The learned counsel for the complainant argued that one of the offences under section 366, P.P.C. Is not covered by the amended law and the police may proceed with the case to that extent.
4. After arguing the case at length was thought more advisable to adopt t safer course by filing a complaint again the petitioners/accused in the compete Court for all the three offences and in view too that would be the correct lei course to avoid legal complication future.
5. Accordingly case F.I.R. No,536 shall stand cancelled, however, the contents of the F.I.R. May be valid basis for complaint to be filed in the Court and that Court would be competent to take cognizance if it is satisfied that such offence/offences have been committed and it may proceed against the accused but in accordance with law. In view of the nature of the order given above, C.M. No, 1084 of 2008 has become infructuous and is dismissed.
'Petition allowed in the terms.