The learned counsel for the petitioner submits that Respondent No, 3 has already lodged an FIR No, 91-07 dated 23.3.2007 under Sections 365/420/468/471 P.P.C. registered at P.S. City Mian Channu District Khanewal in which the allegation of abducation of Arslan Ali son of Respondent No, 3 has been levelled and without considering the pendency of the earlier FIR, the Justice of Peach passed the impugned order dated 6.11.2008. Further submits that the police is bent upon to register the case and that the impugned order is illegal and unlawful.
2. The learned counsel for Respondent No 3 has very fairly stated that if the complainant would make a statement before the trial Court, the trial Court can amend the charge keeping in view the statements of the witnesses and other documentary evidence and there is no need for registration of second FIR.
3. Admittedly, earlier FIR No, 91-07 dated 23.3.2007 under Sections 365/420/468/471 P.P.C. was registered at P.S. City Mian Channu District Khanewal and now the petitioner is alleging that the abductee has been bumped of. If it is so, the Police has got every power to add any Section. Even otherwise, the trial of the said case is pending adjudication before the Court and if the complainant produces evidence and makes statement, even the trial Court is competent to frame/amend the charge at any time and look into the contents of the statement of the petitioner, therefore, the impugned order dated 6.11.2007 passed by learned Justice of Peace is declared to be illegal and unlawful.
4. In this view of the matter, this petition is allowed. The order passed by the Justice of Peace dated 6.11.2008 is set aside.