'HAFIZ ABDUL REHMAN ANSARI, J.---Through this writ petition, the petitioner seeks striking of order dated 5-10-2009 passed by Justice of Peace. Alipur District, Muzaffargarh. The petitioner has prayed the following relief in the instant petition:--- "In view of the above submissions, it is most respectfully prayed that this writ petition may very graciously be accepted, the impugned order dated 5-10-2009 passed by the learned Justice of Peace, Alipur may very graciously be set aside, in the interest of justice.
'It is further prayed that till the final decision of the instant writ petition, Operation of the impugned order may very kindly be suspended."
2. Brief facts of the case are that on the statement of Mst. Zubeda Bibi daughter of Mureed Hussain resident of Mauza Mithan Wali, Tehsil Alipur, District, Muzaffargarh, F.I.R. No,129/2009 was registered with Police Station Seetpur, District Muzaffargarhon 8-6-2009, for the offence under section 376(1)
P.P.C. Against Ijaz son of Muhammad Yar, Aslam son of Abdul Aziz, Shahzad son of Muhammad Yar, Sajjad son of Allah Yar. It is stated in the F.I.R. That the complainant, Mst. Zubeda Bibi in the mid- night of 6-6-2009 went out in the field to ease herself where the accused Ijaz on pistol point forcibly committed rape, whereafter Aslam, Shahzad and Sajjad armed with fire-arms gathered and encircled Mst. Zubeda Bibi, complainant. On hue and cry of Mst. Zubeda Bibi, Ghulam Shabbir and Ranjha attracted there and on seeing the witnesses the accused persons while firing in the air made their escape good.
3. Respondent No,3 Haji Ahmad who is real paternal uncle of the accused persons fabricated and .Concocted a false story against real father of the victim, Mst. Zubeda Bibi, Ghulam Shabbir, Ashiq Hussain, brother of victim, Mst. Zubeda Bibi and other nearer relatives of the victim, Mst. Zubeda Bibi alleging therein that on 16-7-2009 at about 9-00 O'Clock, Rehman Ali along with five others scaled over the wall and raised threats of abducting women folks and children. It is further alleged that Shabbir Hussain inflicted injury on the person of Haji Ahmad, respondent No,3 with butt blow of gun.
The accused allegedly assaulted children. It is alleged that on huge and cry Rasool Bakhsh and Raheem Bakhsh attracted at the spot whereupon, the accused persons left the house of respondent No,3. Haji Ahmad filed a petition under section 22-A Cr.P.C. Before the learned Justice of Peace, Alipur, respondent No,1 on 18-7-2009. In the said writ petition report was called for from S.H.O and was submitted on 31-7-2009; further submits that learned Justice of Peace on the receipt of report passed order dated 5-10-2009, directed the S.H.O. Police Station Seetpur to record statement of the petitioner, (Haji Ahmad, respondent No,3) and if any cognizable offence is made out, to register the case and proceed in accordance with law. Petitioner seeks the quashment of this order for registration of case. Statement of respondent No,3 should not be recorded under section 154, Cr.P.C.; further submits that it is a counterblast just to frustrate and pressurize the complainant of earlier registered F.I.R. No,129/2009 dated 8-5-2009 against the close kith and kin of respondent No,2 present petitioner before the Justice of Peace.
4. I have heard the learned counsel for the parties and perused the record.
5. Whether petition under section 22-A, Cr.P.C. Before the learned Justice of Peace is mala fide or not, this Court cannot assume the function of Investigating Officer. Consequently, disputed question of facts are involved, sitting in jurisdiction under Article 199 of the Constitution. This A Court cannot interfere in writ jurisdiction where disputed questions of facts are involved. Learned Justice of Peace rightly directed the local S.H.O. To record the statement of the petitioner respondent No,3 under section 154, Cr.P.C. I am fortified for the Judgment of Honourable Supreme Court of Pakistan titled as Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCM R 276 wherein it had been ruled that, following alternative remedies are available under the law.
(1) To appear before the Investigating Officer to prove their innocence.
(2) To approach the competent higher authorities of the Investigating Officer having powers vide section 551 of Cr.P.C.
(3) After completion of the investigation, the Investigating Officer has to submit case to the concerned Magistrate and the Magistrate concerned has power to discharge them under section 63 of the Cr.P.C in case of their innocence,
(4) In case he finds the respondents innocent, he would refuse to take cognizance of the matter.
(5) Rule 24.7 of the Police Rules of 1934 makes a provision for cancellation of cases during the course of investigation under the orders of the concerned Magistrate.
(6) There are then remedies, which are available to accused persons who claim to be innocent and who can seek relief without going through the entire length of investigation.
6. Local police cannot go into the correctness or truthfulness of the contents of the petition, he is bound to record the statement of the complainant if some one approaches the S.H.O with the complaint B where from the contents of the complaint cognizable offence is made out. I am fortified from the judgment of Honourable Supreme Court reported as titled as Muhammad Bashir v. Station House Officer and others PLD 2007 SC 539.
7. For what has been discussed above, this petition has no force and same is dismissed in limine.