Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973,'
Petitioner Sajid Iqbal son of Ghulam Muhammad has assailed the order dated 7.4.2009, passed by the learned Justice of Peace/ASJ, Mandi Baha-ud-Din (Respondent No, 3).
2. The learned counsel for petitioner submits that the impugned order, on the face of it, is illegal and purpose of the complainant/Respondent No, 2, namely Mst. Tahira Batool in this case was just to drag, humiliate and victimize the petitioner to settle the scores regarding the differences between her and the present petitioner. Further contends that, in fact, in this case, the petitioner married with the complainant on 14.2.2008 with her own consent and free will against the wishes of her parents.
3. It has transpired from the record that due to said marriage parents of Complainant/Respondent No, 2 were against her and this was the reason that she filed a complaint against her father namely Bashir Ahmad and her real brother namely Muhammad Ashraf under Sections 506/452 PPC in the Court of learned Judicial Magistrate, Bhalwal District Sargodha. Afterwards, six months of the wedlock of the spouses a female baby was born on 2.9.2008, who died on the same day because it was premature delivery.
4. Subsequently, on 4th of March 2009 complainant Mst. Tahira Batool moved an application before the learned Justice of Peace which is appended with this petition as Annexure "D" for registration of the case under. Section 364-A PPC, where upon, the learned Justice of Peace called report from the concerned I.O., who in compliance with the said order of the learned Justice of Peace, submitted his reply dated 24.3.2009, wherein, it was specifically mentioned that as the elations between the spouses became strained therefore, at the behest of her parents, Mst. Tahira Batool had moved the application.
5. As the learned Justice of Peace was transferred and new incumbent took over the charge of the Court, therefore, another report was submitted by Amjad Asif, S.I. on 18.5.2009, wherein, it has been specifically mentioned that neither any infant child was abducted nor she was killed and during investigation, the allegations were found totally false and baseless against the present petitioner.
But, inspite of this, the learned Justice of Peace passed the impugned order dated 7.4.2009.
6. From the perusal of the _record, it is manifest that from 2.9.2008 till 4th of March, 2009 no application or complaint was filed before any authority regarding the depth or murder or abduction of the said infant child. It is not understandable, however, all of a sudden, it was dawned upon the petitioner, after a lapse of about six months, that female child had been murdered by the petitioner.
7. According to the Investigating Officer present in Court, Respondent No, 2 remained in the house of the petitioner for six months and two days even after the death of the infant baby. This ,assertion/finding of the I.O. rings true, keeping in view the whole gamut of the case, that relations between the spouses became strained and differences arose between them, therefore, with a view to drag the petitioner in frivolous litigation, the complainant had lodged the application before the Justice of Peace.
8. It is indispensable to mention here that the complainant/Respondent No, 2 suppressed the material facts of filing the writ petitions and complaint against her own family members to protect herself and the petitioner., This factum also proves that the complainant has not duly informed the learned Justice of Peace of the suppressed facts and kept him oblivious.
9. From the perusal of the record no cognizable offence is made out. However the law provides the alternate adequate remedy, if respondent, so advised, she is at liberty to avail the same.
10. Viewed above, the mala fide is floating on the basis of the facts facts of the case, the application before the Justice of Peace/ASJ Mandi Baha-ud-Din filed by complainant/Respondent No, 2 has been used as a device to drag the petitioner therefore the order dated 7.4.2009 is declared to be illegal and the same is set-aside.
11. With the above observations, this writ petition is allayed.