ORDER CH. MUHAMMAD TARIQ, J.---The cause of action as given in the present writ petition is that the petitioner along with his daughter Rubina Bibi, son Nazim Hussain and his real brother namely Akhtar Ali went to visit his other daughter Mst. Shaheen Bibi in Chak No.127/GB, Tehsil and District Chiniot. In the night after taking their meal, they slept in the compound while an electric bulb was on. At about 11-45 in the night, there was a noise which made them to were up, when they saw that Azhar Iqbal armed with .12 bore gun, Gulzar Hussain and Zohran Bibi were standing by the cot and they were conspiring to murder the daughter of the petitioner namely Shaheen Bibi. After viewing them, Gulzar Hussain raised lalkara by instigating Azhar Iqbal to fire and kill Shaheen Bibi. The petitioner along with others were awaken at that time. Azhar Iqbal fired with .12 bore gun which hit Shaheen Bibi on her left ear which caused entry and exit wound. Resultantly, she succumbed to the injury at the spot. The petitioner along with his son Nazim and real brother Akhtar Ali when tried to catch hold of them, the accused decamped from the scene while extending threats and making aerial firing. The motive of the murder is- that accused Azhar Iqbal has contracted second marriage with Shaheen Bibi, who was maltreating and torturing to her, for which the present petitioner forbade him which made him annoyed. Resultantly, the nominated accused in furtherance of their common intention has murdered the daughter of the petitioner. The present F.I.R. No.448 of 2010 dated 15-6-2010 was lodged with Police Station Saddar Chiniot, by Azhar Iqbal who in fact is the main accused in the case. The petitioner made different applications to police for lodging the F.I.R. In accordance with actual facts and occurrence but could not succeed. Although weapon of offence has been recovered from Azhar Iqbal but police being under undue influence and for their ulterior motives is not recording version of the petitioner.
2. Learned counsel for the petitioner contends that the respondent S.H.O. Is bound to record the second F.I.R. As the facts of the petitioner are entirely different from those given in F.I.R. No.448 of 2010. The petitioner has filed a number of applications to DPO and S.H.O. Police Station Saddar Chiniot but of no consequence. Despite the fact that it is in the knowledge of S.H.O. That Azhar Iqbal is the main culprit who has committed the murder with common intention 'of Gulzar Hussain and Zohran Bibi but the S.H.O. Is not lodging the F.I.R. In accordance with the version of the petitioner.
Learned counsel avers that it is a mandatory requirement of law that when a cognizable case is made out, the police is bound to register the case. In support of his averments and contentions, learned counsel for the petitioner has relied on PLD 2005 SC 297 and 2001 SCM R 1556.
3. Conversely, learned Assistant Advocate-General Punjab assisted by Barrister Muhammad Ahmad Pansota has controverted this writ petition and has argued that the police has already recorded the version of the petitioner and investigations in this regard are underway. This writ petition is without any substance which has been filed just to pressurize the respondents and the complainant of other case, therefore, the writ petition be dismissed.
4. Arguments heard. Record perused.
5. At the very beginning, learned counsel for the petitioner has argued that the petitioner has never believed the version of the complainant as contained in F.I.R. No.448 dated 15-6-2010 under section 302/34, P.P.C. Registered with Police Station Saddar Chiniot and has resorted to record his on version. In this behalf; the petitioner has approached the higher police officials including the D.P.O.
Chiniot with the request that a second F.I.R. Containing the, version of the petitioner be registered but it was not acceded to. The contention of prosecution side that the necessity of registration of two F.I.Rs does not arise from the facts is not tenable under the law because the petitioner has been alleging the murder of his daughter Shaheen Bibi against Azhar Iqbal, Gulzar Hussain and Zohran Bibi.
6. For the reason given hereinabove, respondent. No.2 is directed to register a second F.I.R. Forthwith containing the version of the petitioner and then investigate and proceed with the matter strictly in accordance with law. Disposed of.