ZUBDA-TUL-HUSSAIN, J. - The petitioner has prayed for quashment of F.I.R. No. 542, dated 12.10.2008, registered under Sections 336 and 337-L(i), P.P.C. At Police Station City A Division, District Rahim Yar Khan. It was a case of some trivial family dispute, which led to the altercation mentioned in the F.I.R.
And resultantly some injuries were allegedly caused oo the person of the complainant Mst.
Mussarat Jabeen. In the M.L.R. Certain injuries were kept under observation. Opinion of the medical officers were also recorded in the F.I.R. The concluding part of the F.I.R. Shows that legal opinion was obtained in the matter whereafter the D.P.O. District Rahim Yar Khan allegedly gave finding/direction for registration of case under Sections 336/337-L(i), P.P.C.
2. The contention of the learned counsel for the petitioner is that the D.P.O. Was not at all authorize under the law to speedy the offences especially when the same were not made out by the medical legal report.
3. When confronted with the situation that even if a case under Section 336, P.P.C. Is or is not made out the other contents of the F.I.R. And the observations record in the M.L.R., lead to certain controversy of fact, which cannot be determined in the present proceedings, the learned counsel states that his main thrust for the time being is only on insertion of Section 336, P.P.C. Record of the M.L.R. Shows that the opinion in relation to the offence under Section 336, P.P.C. Is yet to be formulated on official report after the period of three months mentioned in the M.L.R. As to the 'other facts, because of involvement of factual controversy quashment of the F.I.R. Is not warranted at this stage.
4. It may, however, be added that since the circumstances mentioned in the M.L.R. Are subject to final determination by an opinion to be formulated after a period of three months, the petitioner shall not be arrested in this case under Section 336, P.P.C. Without the prior permission of this Court and till such time that the final opinion is formulated on the M.L.R.
5. In view of what has been discussed above, learned counsel for the petitioner does not press this petition for the time being, which is disposed of accordingly.