ORDER KH. IMTIAZ AHMAD, J.---The present writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed challenging the order dated 2-11-2010 passed by the learned, Ex-Officio Justice of the Peace whereby he directed the police to register a case against the petitioner and his co-accused.
2. The relevant facts for the disposal of this writ petition are that one Muhammad Akram, S.-I, Police Station Saddar Rajanpur got a criminal case registered bearing F.I.R No.399 dated 18-10-2010 under sections 302 311, 109/34, P.P.C. Police Station Saddar District Rajanpur. In the said F.I.R Muhammad Akram S.-I. Had reported that he along with other police party were on patrolling duty and heard the cries and so they reached at the place of occurrence and saw that Saif Ullah and Abdul Khaliq had caught-hold of Mst. Ghulam Fatima and were raising lalkara that she was 'Kali' while the children of Mst. Ghulam Fatima, namely, her daughter Mst.Asma Bibi aged about 14/15 years and her son Muhammad Yousaf aged 10/11 years were trying to save their mother but since the door was not open so the police officials could not intervene and so the said accused through strangulation caused the death of Mst.Ghulam Fatima. It was on 23-10-2010 that the daughter of the deceased, namely, Mst. Asma Bibi moved a written application before the learned Justice of Peace wherein she alleged that her father Ata Ullah had been murdered about 12 years back who was owner of agricultural land and her paternal uncle Aman Ullah wanted to usurp that property and about one year back he forcibly got her married with his son though she and her mother were against this nikah and the said Aman Ullah also wanted to contract marriage with her mother but her mother was not willing to do so and they all were residing in the same Havili. It was further alleged that on 17-10-2010 she along with her -mother went out at 9-00 p.m. To ease themselves and when came back her mother was surrounded by Saif Ullah, Sana Ullah, Muhammad Hussain and Aman Ullah and levelled the allegation of immorality upon her. It was further alleged that on 18-10-2010 at the cries of her mother Mst. Ghulam Fatima and her brother Muhammad Yousaf saw Saif Ullah and Sana Ullah dragging out their mother and Sana Ullah caught-hold of her from her arms while Saif Ullah had strangulated her throat while she and her brother raised hue and cry and then the information was conveyed to their maternal father and before the police she and her brother also made the same statement but Muhammad Akram S.-I. Connived with the accused and got the false case registered. It was further alleged that the occurrence was committed with the abetment of Aman Ullah. The learned Justice of the Peace after the inquiry vide impugned order ordered for the registration of the case and further observed that Muhammad Akram S.-I.
Who was the complainant of the F.I.R and the Investigating Officer of the case so he also directed for the transfer of the investigation to some other police officer.
3. The learned counsel for the petitioner has challenged the impugned order on the ground that when already the F.I.R has been registered then the second F.I.R cannot be registered. He further contended that in a criminal case the statement of Mst. Asma Bibi under section 161, Cr.P.C. Was recorded wherein she supported the version of Muhammad Akram S.-I.
4. Arguments heard. Record perused.
5. Admittedly even in the F.I.R the presence of Mst. Asma. Bibi, the daughter of deceased and Muhammad Yousaf, the son of the deceased has been shown. They were the natural witnesses.
However, in the F.I.R Muhammad Akram S.-I. Submits that since the door was not open so they could not intervene. It is also to be seen that when the door was not open then how the police officials saw the entire occurrence. As for as the registration of second F.I.R is concerned there is no law that the second F.LR cannot be registered if the circumstances so require. After going through the record it appears that the daughter of the deceased who was a natural witness should have been the complainant but instead one Muhammad Akram S.-I. Who was also the Investigating Officer of the case was made a complainant. The second F.I.R is permissible under the law and the reference may be made to a case law captioned "Mst. Anwar Begum v. Station House Officer" (PLD 2005 SC 297) and "Wajid Ali Khan Durrani and others v. Government of Sindh and others" (2001 6.
SCMR 1556). In the present case if we see the facts of the case in its natural way it appears that the most natural witness who should have been the complainant were deprived to become a complainant in the F.I.R. And so the learned Justice of Peace had committed no illegality by issuing the direction for the registration of the F.I.R. On the statement of Mst. Asma Bibi, the daughter of the deceased Mst. Ghulam Fatima.
6. In view of what has been said above this petition has no force and same stands dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.