' SALMAN HAMID, J.--- The case of the petitioner was that the official respondents Nos.2 and 3 on 11- 7-2011 circa 7 a.m. Along with othe,r officials i.e, DPO, Sukkur, Etzaz Goraya, SP, Munir Ahmed Phulpoto, DSP, Rohri, Qalbe Abbas Shah, S.H.O., P.S., Kandhra, Musawir Hussain Qureshi, SIP, Ali Dino Thebo, SIO, P.S., Kandhra, S.H.O., Javed Alam Abro, S.H.O., Patni Mureed, Hussain Ali Mari PC, Chakar Shaikh, HC, Imdad Bullo of P.S., Kandhra, A.S.-I., Hakim Mahar, P.S., Kandhra and other 50 police personnel in uniforms, fittingly equipped came in official vehicles: trespassed and cordoned the village, Ali Sher Janwari (the Village) upon which the villagers only defied and moved-up slogans against the DPO, Etzaz Goraya who then prompted other police personnel to slay the villageRs, Upon such initiation, SP Munir Ahmed Phulpoto fired upon Ghulam Hyder with his G-3 which hit on his thigh, crossing through and through S.H.O., Musawir Hussain Qureshi' also fired upon Ghulam Hyder with his G-3 which hit on his back and he fell down yelling. DSP Qalbe Abbas Shah, S.H.O., Rohri, Javed Alam Abro and SIP, Ali Dino Thebo fired upon Muhammad Sami which hit him and he also fell down. It was further alleged by the petitioner that seeing all this one Fayyaz Ahmed ran crying when A.S.-I., Hakim Ali Mari fired on his chest which passed through and through. It was also alleged by the petitioner that all other police officials made aerial firing to cause harassment. PC Chakar Shaikh, HC, Murid Hussain Mari, HC, Imdad Bullo took Zainul Abidin, Sajid Hussain and Muhammad Khan into police mobile. Dhani Bux, son Hussain Bux, Abdul Majeed, son of Muhammad Khan Janwari and other villagers raised cries on which the above named police officials made straight fires with intention to commit their murder but failed. It was further alleged by the petitioner that he and other villagers came to know that departed bodies of Ghulam Hyder, Muhammad Sami and Fayyaz Ahmed were lying in the hospital and of one Muhammad Khan was found suspended in Patni Minor, who, according to the petitioner was viciously tortured from his jaw and teeth. Ears were bleeding and the hands and legs were tied up.
2. It was further alleged that the petitioner approached P.S., Kandhra for lodging of F.I.R. To bring to book above brutality but was refused by the S.H.O.Concerned. Resultantly present petition was filed with the following prayer:- "That this honourable court may be pleased to direct the respondent 3 to record the statement of petitioner and incorporate it in 154 Cr.P.C. Book and may further be pleased to direct respondents to immediately arrest the culprits as they have committed brutal murders of four innocent souls."
3. Notices were issued to the respondents. In reply, respondent No,2 i.e, DPO, Sukkur filed a comprehensive report along with various supporting documents to illustrate that the allegations, as controlled in the petition were not anything but concoctions and bullies. Maintainability of the very petition was fervidly and forcefully denied; firstly on the ground that the petitioner, if at all, as alleged, was denied lodging of F.I.R., he ought to have had approached the court of first instance, which was efficacious and/or speedy way for redress and secondly the petitioner having approached this court with absolute and patent mala fides and with unclean hands is not entitled to the discretionary relief. It was asserted that the petition was nothing but an attempt to prevent the motion of legal machinery put in process by the official respondents in getting hold and/or arresting desperate, hardened and notorious criminals, involved in a plethora of criminal cases against humanity. It was pleaded that the petition be dismissed with heavy cost, it being a waste of prized time of not just of this court but also because of the fact that it (petition) was a failed attempt to undermine the rule of law.
4. Through a detailed report it was mentioned that an account of the matter was called from the SPO, Rohri to ascertain the real facts. It was reported, quietly exhaustively, that Janwari and Shaikh community are at odds. String of F.I.Rs, have been lodged by such two communities against each other. Train of heinous criminal cases are pending trial before various courts of law. It was detailed in the report that on 11-7-2011 around 400 hours, from the Shaikh's side F.I.R. No,84 of 2011 under sections 148, 324, 114, and 149, P.P.C. At P.S. Kandhra was lodged against some 28 persons/accused of the Janwari community, including deceased Hyder Ali, son of Ghulam Muhammad and Abdul Sami, son of Abdul Hameed and Lutuf Shah, son of Ghulam Nabi Shah. It was alleged in the F.I.R..
Under point that the above accused (of F.I.R. 84 of 2011) duly armed with deadly weapons attacked.
Police personnel of P.S. Kandhra, taking preventive measures and to shun further bloodshed on either side started of for the Village and near village Fakirabad received information that the above nominated accused heavily armed have assembled at Kandhra to Rohri link road. The police still proceeded. At the rendezvous they found that the above accused persons were at hand, who upon sight of the police opened indiscriminate firing. Police party, in reprisal, after taking positions fired back. Additional help was called for by S.H.O., P.S. Kandhra, through the District Control Room Sukkur: Police of Sub-Division, City Rohri and Mando Dero reached in aid at the place of happening.
5. It was explained that due to above exchange of firing, either end, Hyder Ali, son of Ghulam Muhammad and Abdul Sami, son of Abdul Hameed, both from Janwari side lost their lives. Two unlicensed KK were also found lying beside the dead bodies. Zahid Janwari and Lutuf Shah ran away, leaving behind their KK and DBBL gun. It was further mentioned that in the above encounter un licensed weapons were recovered which were (i) Kalashnikov bearing No,P-388048. With a magazine and 5 live bullets, (ii) KK bearing No,AA-0487, a magazine and 6 live bullets, (iii) KK without number with a magazine and (iv) a DBBL gun of .12 bore without number which according to the police had been left behind and/or thrown away by perpetrators at the time of their flee.
During encounter police mobile bearing Registration No,SP-6089 was also damaged. It was also mentioned by respondent No,2 that while chasing the accused they reached the Village and found that one person (later on identified as Fayyaz, son of Muhammad Ramzan) was lying dead on the cot. F.I.R. No,85 of 2011 under sections 353, 324, 427, 148, P.P.C. And 13(d) Arms Ordinance, 1965 was therefore registered 'at P.S., Kandhra on behalf of the Stale. During investigation of such F.I.R., the 8/0 P.S. Kandhra also amassed the post-mortem reports in respect of the dead bodies of deceased/accused Abdul Sami, Ryder Ali, and Fayyaz. They according to the report of Dr. Mir Ghulam Asghar, SMO, RFIC, Kandhra, District Sukkur and Dr. Rafique Ahrried, Casualty Medical Officer, GMC Hospital, Sukkur were found dead even before the above encounter. Muhammad Khan, son of Hussain Bux according to the report of Dr. Mir Ghulam Asghar, SMO, RHC, Kandhra dated 13-7-2011 died of asphyxia. No marks of violence, injury or fracture on the deadbody was found, as alleged by the petitioner. Allegation that Ryder All and Abdul Sami were minor and/or aged between 13 to 16 years was belied by the reports, according to which their ages were about 23 yeaRs, According to the report such persons died between 1500 to 1600 hours, while the alleged encounter had taken place, according to petitioner's own showing at 7 a.m. It was thus argued by the respondents that in order to sensationalize and/or to side line the investigation, all this theatrics were created inasmuch as that in the above village as many as 98 criminals of Janwari community reside who were involved in heinous crimes and such persons are hardened and desperate criminals and many of them are proclaimed offenders and are absconders in various cases, pending before trial as well as before the high courts and that such criminal had made the lives of Janwari village unbearable and miserable. To substantiate following cases/F.I.R. Were brought on record:-- LIST OF HARDENED CRIMINALS OF JANWARI.
S.#Name Criminal Record 1.Rashid @ Rasho son of Dur Muhammad Janwari r/o village Ali Sher Janwari Taluka Rohri.1. F.I.R. No.38 of 2006 under sections 353, 324, 427, 149, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29 of 2006 under section 379, P.P.C. of P.S. Kandhra.
3. F.I.R. No.41 of 2006 under sections 353, 506/2, P.P.C. of P.S. Kandhra.4. F.I.R. No.57 of 2006 under section 379, P.P.C. of P.S. Kandhra.
5. F.I.R. No.69 of 2006 under section 379, P.P.C. of P.S. Kandhra.
6. F.I.R. No.25 of 2007 under sections 353, 324, P.P.C. of P.S. Kandhra.
7. F.I.R. No.34 of 2007 under sections 353, 324, 402, P.P.C. of P.S. Kandhra.
8. F.I.R. No.71 of 2006 under sections 353, 324, P.P.C. of P.S. Kandhra. 9.
F.I.R. No.24 of 2002 under section13DAO of P.S. Rohri.
10. F.I.R. No.89 of 2003 under section 13DAO of P.S. Rohri.
11. F.I.R. No.24 of 2000 under section 12ZHO of P.S. Rohri.
12. F.I.R. No.85 of 2003 under sections 399, 402, 148, 149, P.P.C. of P.S. Rohri.
13. F.I.R. No.71 of 2005 under sections 353, 324, P.P.C. of P.S. Rohri.
14. F.I.R.
No.72 of 2005 under section 13DAO of P.S. Rohri.
15. F.I.R. No.154 of 2006 under sections 393, 392, 148, 337H2, P.P.C. of P.S. Rohri.
16. F.I.R. No.136 of 2006 under sections 392, 402, 353, 324 P.P.C. and13DAO P.S. Rohri 17. F.I.R. No.116 of 2008 under sections 353, 324, 399, 401 P.P.C. P.S. Rohri 18. F.I.R. No.117 of 2008 under section 13DAO of P.S. Rohri 19. F.I.R. No.71 of 2007 under sections 353, 324, 224, 225 P.P.C. of P.S. Kandhra.
20. F.I.R. No.136 of 2007 under sections 353, 324, 399, 402 P.P.C. of P.S. Rohri.
21. F.I.R. No.82 of 2007 under sections 302, 452, 148, 149, 337H2 P.P.C. of P.S. Rohri 22. F.I.R. No.29 of 2011 under section 17(3)EHO of P.S. Kandhra. (Absc:)
23. F.I.R. No.64 of 2011 under section 395, P.P.C. of P.S. Kandhra (Absc:)
2.Deedar son of Dur Muhammad Janwari r/o1. F.I.R. No.55 of 1986 under section 14 HO of P.S. Kandhra.
2. F.I.R. No.21/1987 under section 13DAO of P.S. Kandhra.
3. F.I.R. No.62 of 1992 under section 5 Gambling Act of P.S. Kandhra 4. F.I.R. No.30 of 1993 under section 17/2 EHO of village Ali Sher Janwari.P.S. Kandhra.
5. F.I.R. No.33 of 1993 under sections 307 P.P.C. and 17/2 EHO of P.S. Kandhra.
6. F.I.R. No.40 of 1997 under sections 399, 402, 353, 324 P.P.C. of P.S. Kandhra.
7. F.I.R. No.46 of 1997 under sections 324, 353 P.P.C. of P.S. Kandhra.
8. F.I.R. No.47 of 1997 under section 13DAO of P.S. Kandhra.
9. F.I.R.
No.31 of 1999 under section 13DAO of P.S. Kandhra.
10. F.I.R. No.55 of 2000 under sections 302, 324, P.P.C. of P.S. Kandhra 11. F.I.R. No.24 of 2000 under section 12 ZHO of P.S. Kandhra.
12. F.I.R. No.52 of 2003 under section 379, P.P.C. of P.S. Kandhra.
13. F.I.R. No.64 of 2004 under sections 353, 324, 224, 225 P.P.C. of P.S. Kandhra.
14. F.I.R. No.71 of 2005 under sections 353, 324 P.P.C. of P.S. Kandhra.
15. F.I.R. No.38 of 2006 under sections 353, 324 P.P.C. of P.S. Kandhra.
16. F.I.R.
No.46 of 2006 under section 17/3 EHO of P.S. Kandhra.
17. F.I.R. No.50 of 2006 under section 395, P.P.C. of P.S. Kandhra.
18. F.I.R. No.55 of 2006 under section 324, P.P.C. of P.S. Kandhra.
19. F.I.R. No.25 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra 20. F.I.R. No. 34 of 2007 under sections 353, 324, 402, P.P.C. of P.S. Kandhra.
21. F.I.R. No.136 of 2007 under sections 353, 324, 399, 402 P.P.C. of P.S. Rohri.
22. F.I.R. No.137 of 2007 under section 13-DAO of P.S. Rohri.
23. F.I.R.
No.123 of 2009 under sections 353, 324, 399, 401 P.P.C. of P.S. Salehpat.
24. F.I.R.
No.125 of 2009 under section 13-DAO of P.S. Salehpat.
25. F.I.R. No.64 of 2011 under section 395 P.P.C. of P.S. Kandhra (Absc:)
3.Ashiq Ali son of Dur Muhammad Janwari r/o village Ali Sher Janwari.1. F.I.R No.35 of 1999 under sections 337Ai, Fi, 147, 148 P.P.C. of P.S. Rohri 2. F.I.R.
No.24 of 2000 under sections 377, 511 P.P.C. and 12 ZHO of P.S. Rohri.
3. F.I.R.
No.13 of 2001 under section 17/3 EHO of P.S. Rohri.
4. F.I.R. No.40 of 2001 under sections 435, 427, 148, 149, P.P.C. of P.S. Rohri.
5. F.I.R. No.64 of 2004 under sections 353, 324, 224, 225, P.P.C. r/w 7-ATA of P.S. Kandhra.
6. F.I.R. No.38 of 2006 under sections 353, 324 P.P.C. of P.S. Kandhra.
7. F.I.R. No.25 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra.
8. F.I.R. No.34 of 2007 under sections 353, 324, 402, P.P.C. of P.S. Kandhra.
9. F.I.R. No.35 of 2007 under section 13-DAO of P.S. Kandhra.
10. F.I.R. No.123 of 2009 under sections 353, 324, 399, 401, P.P.C. of P.S. Salehpat.
11. F.I.R. No.26 of 2009 under section 13- DAO of P.S. Salehpat.
12. F.I.R. No.56 of 2010 under section 13-DAO of P.S. Kandhra 13. F.I.R. No.64 of 2011 under section 395, P.P.C. of P.S. Kandhra (Absc:)
4.Shah Nawaz son of Khair Muhammad Janwari r/o village Ali Sher Janwari Taluka Rohri1. F.I.R. No.161 of 2009 under sections 302, 148 P.P.C. of P.S. Kandhra (Absconder).
2. F.I.R. No.1 of 2010 under sections 379, 427 P.P.C. of P.S. Kandhra (Absconder).
3. F.I.R. No.3 of 2010 under sections 379, P.P.C. and 14 HO of P.S. Kandhra (Absconder).
4. F.I.R. No.10 of 2010 under sections 302, 364, P.P.C. of P.S. Kandhra (Absconder).
5. F.I.R. No.40 of 2010 under sections 148, 399, 402, 353, 324, 149, P.P.C. of P.S. Kandhra (Wanted).
6. F.I.R. No.47 of 2010 under sections 353, 324, 148 P.P.C.of P.S. Kandhra (Wanted).7. F.I.R. No.123 of 2010 under sections 353, 324, 401 P.P.C. of P.S. Pano Akil. (Wanted)
8. F.I.R. No.95 of 2010 under section 13-DAO of P.S. Rohri 5.Abdul Majeed son of Muhammad Khan Janwari r/o village Ali Sher Janwari Taluka Rohri1. F.I.R. No.35 of 2010 under sections 353, 324 P.P.C. of P.S. Dubar.
2. F.I.R. No.88 of 2010 under section 13-DAO of P.S. Rohri.
6.Abdul Hussain son of AllahJuriyo Janwari r/o village Ali Sher Janwari Taluka Rohri1. F.I.R. No.35 of 2010 under sections 353, 324 P.P.C. of P.S. Duber.
2. F.I.R. No.90 of 2010 under section 13-DAO of P.S. Patni @ Rohri.
7.Junaid son of Wahid Bux Janwari r/o village Ali Sher Janwari Taluka Rohri,1. F.I.R. No.1 of 2010 under section 379 P.P.C. of P.S. Kandhra.
2. F.I.R. No.82 of 2010 under sections 399, 401 P.P.C. and 13-DAO of P.S. A-Section Sukkur. 3.F.I.R.
No.83 of 2010 under section 13-DAO of P.S. A-Section Sukkur.
8.Faheem son of Shabir Janwari r/o village Ali Sher Janwari.
(Arrestedon9-11- 2010)1. F.I.R. No.22 of 2009 under sections 379, 511, 148 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.161 of 2009 under sections 302, 148, 149 P.P.C. of P.S. Kandhra.
3. F.I.R. No.162 of 2009 under sections 353, 324, 148 P.P.C. of P.S.Kandhra.
4. F.I.R. No.167 of 2009 under sections 382, 457, 148 P.P.C. of P.S. Kandhra.
5. F.I.R. No.1 of 2010 under sections447, 379, 448 P.P.C. of P.S. Kandhra.
6. F.I.R. No.10 of 2010 under sections 302, 364 P.P.C. of P.S. Kandhra.
7. F.I.R. No.239 of 2010 under sections 353, 324, 34 P.P.C., 13-DAO of P.S. Rohri.
8. F.I.R. No.240 of 2010 under section 13- DAO of P.S. Rohri.
LIST OF POs JANWARI 1.Zafar son of Mehwal Janwari r/o village Ali Sher Janwari Taluka Rohri.1. F.I.R. No.134 of 2009 under section 302 P.P.C. of P.S. Kandhra.
2. F.I.R. No.161of 2009 under section 302, 324 P.P.C. of P.S. Kandhra.
3. F.I.R. No.167 of 2009 under sections 382, 452, P.P.C. of P.S. Kandhra.
4. F.I.R. No.1 of 2010 under sections 379, 447 P.P.C. of P.S. Kandhra.
5. F.I.R. No.10 of 2010 under sections 302, 364 P.P.C. of P.S. Kandhra.
6. F.I.R. No.5 of 2011 under sections 399, 402 P.P.C. of P.S. Kandhra.
7. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.8. F.I.R. No.63 of 2011 under sections 392, 452 P.P.C. of P.S. Kandhra. 9.
F.I.R. No.67 of 2011 undersections431, 148 P.P.C. of P.S. Kandhra.
10. F.I.R. No.68 of 2011 under sections 324, 148, 149 P.P.C. of P.S. Kandhra. Encounter with Police 1.
F.I.R. No.162 of 2009 under sections 353, 324 P.P.C. P.S. Kandhra.
2. F.I.R. No.40 of 2010 under sections353, 324, 402, 399 P.P.C. P.S. Kandhra.
3. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. P.S. Kandhra.
4. F.I.R. No.6 of 2011 under sections 353, 324, 402, 399 P.P.C. P.S. Kandhra.
5. F.I.R. No.23 of 2011 under sections 353, 324, 402, 399 P.P.C. P.S. Kandhra.
2.Abdul Waheed son of Kamal Janwari r/o village Ali Sher Janwari Taluka Rohri.1. F.I.R. No.21 of 2006 under sections 353, 506(2), P.P.C. of P.S. Kandhra.
3.Safdar son of Sabal Janwari r/o village LutufF.I.R. No.67 of 2009 under section 324, P.P.C. of P.S. Kandhra.
Jagirani Taluka Rohri.
4.Abdul Karim son of Abdullah Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.153 of 2009 under section 17(4), 302,P.P.C. of P.S. Kandhra.
5.Ahmed son of Abdul Rehman r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.153 of 2009 under section 17(4), 302,P.P.C. of P.S. Kandhra.
6.Fazal son of Rasheed Janwari r/o village Ali Sher Janwari Taluka RohriF.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
7.Amir son of Abdullah Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
8.Ashique son of Ali Khan Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
9.Hiyat Ali son of Khnair Muhammad Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
10.Latif son of Muhammad Ali aliasBadhsha Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
11.Mazhar son of Latif Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
12.Haris son of Ghazi Janwari r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
13.Gulsher son of Mainadad r/o village Ali Sher Janwari Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
14.Ellahi Buxson of Mottan Janwari r/o village Patni Taluka Rohri.F.I.R. No. 79of2009 under section 302, P.P.C. of P.S. Kandhra.
15.Rahim Bux son of Mottan Janwari r/o village Patni Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
16.Zulfiqar Ali son of Rahim Bux Patni r/o Patni Taluka Rohri.F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
17.Saddam son of Anwar r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S.Kandhra2. F.I.R. No.8 of2009 under sections 353, 324 P.P.C. of P.S. Kandhra 3. F.I.R. No.22 of 2009 under sections 379, 511 P.P.C. of P.S. Kandhra 4. F.I.R. No.40of 2010 under sections 353, 324 P.P.C. of Kandhra.
5. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of Kandhra.
6. F.I.R. No.51 of 2010 under section 365-B P.P.C. of P.S. Kandhra.
7. F.I.R. No.133 of 2010 under sections 452, 148 P.P.C. of Kandhra. 8.
F.I.R. No.151 of 2010 under section364-A, P.P.C. of P.S. Kandhra.
9. F.I.R. No.28 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
10. F.I.R. No.14 of 2011 under section 302 P.P.C. of P.S. Kandhra.
11. F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
12. F.I.R. No.76 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
13. F.I.R. No.78 of 2011 under section 324 P.P.C. of P.S. Kandhra.
18.Zahid son of Yaqoob Janwari r/o village Ali Sher JanwariF.I.R. No.23 of 2011 under sections 353, 324, P.P.C. of P.S. Kandhra.
19.Paryal son of Menhwal Janwari r/o village Ali Sher Janwari1. F.I.R. No.22 of 2009 under sections 379, 511 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.167 of 2009 under section 324, 353, 542 P.P.C. of P.S. Kandhra.
3. F.I.R. No.1 of 2010 under section 379, P.P.C., of P.S. Kandhra.
20.Javed son of Meehwal Jan- wari r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S. Kandhra.
2. F.I.R. No.9 of 2009 under sections 411, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.161 of 2009 under sections 302, P.P.C. of P.S. Kandhra.
4. F.I.R. No.40 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
5. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
6. F.I.R. No.167 of 2009 under sections 383, 353, 542 P.P.C. of P.S. Kandhra.
7. F.I.R. No.14 of 2011 under section 302 P.P.C. of P.S. Kandhra. 8.
F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
21.Ghulam Mustafasonof Ahmed Janwari r/o village Ali Sher JanwariF.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandra.
22.Asghar son of Allah Juiro Janwari r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S.Kandhra2. F.I.R. No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra 3. F.I.R. No.22 of 2009 under sections 379, 511 P.P.C. of P.S. Kandhra 4. F.I.R. No.40 of 2010 under sections 353, 324 P.P.C. of Kandhra.
5. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of Kandhra.
6. F.I.R. No.51 of 2010 under section 365-B P.P.C. of P.S. Kandhra.
7. F.I.R. No.133 of 2010 under sections 452, 148 P.P.C. of P.S. Kandhra. 8.
F.I.R. No.151 of 2010 under section 364-A, P.P.C. of P.S. Kandhra.
9. F.I.R. No.28 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
10. F.I.R. No.14 of 2011 under section302 P.P.C. of P.S. Kandhra.
11. F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
12. F.I.R. No.76 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
13. F.I.R. No.78 of 2011 under section 324 P.P.C. of P.S. Kandhra.
14. F.I.R.
No.23 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
23.Perverz son of Meehwal Janwari r/o village Ali Sher Janwari.F.I.R. No.23 of 2011 under sections 353, 324, P.P.C. of P.S. Kandhra.
24.Abdullah son of Khuda Bux Janwari r/o village Ali Sher JanwariF.I.R. No.23 of 2011 under sections 353, 324, P.P.C. of P.S. Kandhra.
25.Yaseen son of Gulsher Janwari r/o village Ali Sher JanwariF.I.R. No.23 of 2011 under sections 353, 324, P.P.C. of P.S. Kandhra.
26.Ali Dino son of Suleman Janwari r/o village Ali Sher Janwari1. F.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
27.Lal Dino alias Laloo son of Suleman Janwari r/o village Ali Sher Janwari1. F.I.R. No.161 of 2009 under section 302, P.P.C. of P.S. Kandhra.
2. F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
3. F.I.R. No.1 of 2010 under section 379, P.P.C. of P.S. Kandhra 4. F.I.R. No.10 of 2010 under section 302, 34 P.P.C. of P.S. Kandhra.5. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.6. F.I.R. No.167 of 2009 under sections 383, 353, 542 P.P.C. of P.S. Kandhra.
28.Hajjan son of Ibrahim Janwari r/o village Ali Sher Janwari1. F.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.67 of 2011 under section 431, P.P.C. of P.S. Kandhra.
3. F.I.R. No.68 of 2011 under section 324,P.P.C.
29.Faiz Muhammad son of Ibrahim Janwari r/o village Ali Sher JanwariF.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandhra.
30.Muharram son of Ibrahim Janwari r/o village Ali Sher JanwariF.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandhra 31.Aamir son of Suleman Janwari r/o village Ali Sher Janwari1. F.I.R. No.167 of 2009 under sections 324, 353, 542, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.10 of 2001 under sections 302, 364, P.P.C. of P.S. Kandhra.
3. F.I.R. No.91 of 2010 under section 379, P.P.C. of P.S. Kandhra.
4. F.I.R. No.63 of 2011 under section 395, P.P.C. of P.S. Kandhra.
32.Mujahid son of Anwar Janwari r/o village Ali Sher JanwariF.I.R. No.167 of 2009 under section 383, 353, 542, P.P.C. of P.S. Kandhra.
33.Razzak son of Shahzado Janwari r/o village Ali Sher Janwari1 F.I.R. No.167 of 2009 under section 382 P.P.C. of P.S. Kandhra.
2. F.I.R. No.1 of 2010 under sections 379, 447 P.P.C. of P.S. Kandhra.
3. F.I.R. No.10 of 2010 under sections 302, 364 P.P.C. of P.S. Kandhra.
4. F.I.R. No.134 of 2009 under sections 302, 148, 149 P.P.C. of P.S. Kandhra.
5. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
6. F.I.R. No.123 of 2010 under sections 353, 324, 401 P.P.C. of P.S. Pano Akil.
7. F.I.R. No.124 of 2010 under section 13-DAO of P.S. Pano Akil.
LIST OF ABSCONDERS JANWARI 1.Munwar son of Muhammad Dino Janwari r/o village Ali Sher Janwari1. F.I.R. No.24 of 2003 under sections 147, 148, 149 P.P.C. of P.S. Kandhra.
2. F.I.R. No.52 of 2003 under section 379, P.P.C. of P.S. Kandhra,
3. F.I.R.
No.38 of 2006 under section 353, 324 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.71 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra 2.Wahid Bux son of Nizal Janwari r/o village Ali Sher JanwariF.I.R. No.40 of 2003 under sections 353, 324, P.P.C. of P.S. Kandhra.
3.Gulzar son of Dur Muhammad Janwari r/o village Ali Sher Janwari1. F.I.R. No.52 of 2003 under section 379 P.P.C. of P.S. Kandhra,
2. F.I.R.
No.38 of 2006 under sections 353, 324 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.64 of 2004 under sections 353, 324 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.60of 2009 under section 9-B C.N.S.A.of P.S. Kandhra.
5. F.I.R. No.64 of 2011 under section 395, P.P.C. of P.S. Kandhra, 4.Ali Nawaz alias Nazoo Janwrai r/o village Ali Sher Janwari1. F.I.R. No.25 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.91 of 2007 under section 382 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.90 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.5. F.I.R. No.90 of 2009 under section 427, 148, 149 P.P.C. of P.S. Kandhra,
6. F.I.R. No.134 of 2009 under section 302 P.P.C. of P.S. Kandhra,
7. F.I.R. No.160 of 2009 under section 353, 324 P.P.C. of P.S. Kandhra.
5.Asghar son of Allah Jurio Janwari r/o village Ali1. F.I.R. No.67 of 2007 under sections 430, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.90 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra. 3.
Sher Janwari F.I.R. No.75 of 2008 under section 302 P.P.C. of P.S. Kandhra 4. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
5. F.I.R.
No.29 of 2009 under sections 431, 324 P.P.C. of P.S. Kandhra6. F.I.R.
No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra.
7. F.I.R.
No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
8. F.I.R.
No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
6.Younis son of Allah Jurio Janwari r/o village Ali Sher Janwari1. F.I.R. No.67 of 2007 under sections 430, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.90 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra. 3.
F.I.R. No.87 of 2008 under section 379 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
5. F.I.R.
No.22 of 2009 under section 379, P.P.C. of P.S.Kandhra 6. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra.
7. F.I.R. No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
8. F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
9. F.I.R. No.77 of 2011 under section 324 P.P.C. of P.S. Kandhra.
7.Abid son of Allah Jurio Janwari r/o village Ali Sher Janwari1. F.I.R. No.67 of 2007 under sections 430, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
8.Zainul Abideen son of Allah Jurio Janwari r/o village Ali Sher Janwari1. F.I.R. No.67 of 2007 under sections430, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.22 of 2009 under section 379, P.P.C. of P.S. Kanrha 4. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra.
5. F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
6. F.I.R. No.162 of 2011 under sections 324, 353 P.P.C. of P.S. Kanrha.
7. F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
9.Abdul son of Mureed Janwari r/o village Ali Sher Janwari1. F.I.R. No.67 of 2007 under sections 430, 148, P.P.C. of P.S. Kandhra.
10.Abdullah son of Khuda Bux Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2007 under sections 353, 324 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.15 of 2008 under sections 353, 324 P.P.C. of P.S. Kanrha.
3. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.79 of 2009 under section 302 P.P.C. of P.S. Kandhra.
11.Majan son of Shaman Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2007 under sections 35, 324, P.P.C. of P.S. Kandhra.
12.Abdul Karim son of Abdullah Janwari r/o village Ali Sher Janwari1. F.I.R. No.75 of 2008 under sections 302, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29 of 2009 under sections 324, 431 P.P.C. of P.S. Kandhra. 3.
F.I.R. No.79 of 2009 under sections 302, P.P.C. of P.S. Kandhra.
4. F.I.R.
No.90 of 2009 under sections 427, 149 P.P.C. of P.S. Kandhra.
5. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
13.Abdul Rasheed son of Muhammad Ali alias Badshah Janwari r/o village Ali Sher Janwari1. F.I.R. No.75 of 2008 under sections 302, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29of2009 under sections 324, 431 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
4. F.I.R. No.90 of 2009 under sections 427, 149 P.P.C. of P.S. Kandhra.
5. F.I.R. No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
14.Munir son of Abdullah Janwari r/o village Ali1. F.I.R. No.75 of 2008 under sections 302, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29 of 2009 under sections 324, 431 P.P.C. of P.S. Kandhra. 3.
Sher Janwari F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
4. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra 15.Ahmed son of Abdul Rehman Janwari r/o village Ali Sher Janwari1. F.I.R. No.75 of 2008 under sections 302, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29 of 2009 under sections 324, 431 P.P.C. of P.S. Kandhra. 3.
F.I.R. No.79 of 2009 under sections 302, P.P.C. of P.S. Kandhra.
4. F.I.R.
No.90 of 2009 under sections 427, 149 P.P.C. of P.S. Kandhra.
5. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
6. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
7. F.I.R.
No.120 of 2009 under sections 324, 34 P.P.C. of P.S. Kandhra.
8. F.I.R.
No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
9. F.I.R.
No.68 of 2011 under section 324 P.P.C. of P.S. Kandhra.
16.Allah Juiro son of Sohrab Janwari r/o village Ali Sher Janwari1. F.I.R. No.75 of 2008 under sections 302, 148, P.P.C. of P.S. Kandhra.
17.Ahmed son of Abdul Rehman Janwari r/o village Ali Sher Janwari1. F.I.R. No.75 of 2008 under sections302, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.29 of 2009 under sections 324, 431 P.P.C. of P.S. Kandhra. 3.
F.I.R. No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
4. F.I.R.
No.90 of 2009 under sections 427, 149 P.P.C. of P.S. Kandhra.
5. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
6. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
7. F.I.R.
No.120 of 2009 under sections 324, 34 P.P.C. of P.S. Kandhra.
8. F.I.R.
No.67 of 2011 under sections431, 148 P.P.C. of P.S. Kandhra.
9. F.I.R.
No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
18.Muhammad Ali son of Muhbat Janwari r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.(sic)
7. F.I.R.
No.22 of 2009 under sections 379, 511, P.P.C. of P.S. Kandhra.
8. F.I.R.
No.3 of 2010 under section 379, P.P.C. of P.S. Kandhra.
9. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
19.Abdul Khaliq son of Mureed r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.8 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
20.Razzak son of Sikandar r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S. Kandhra.
21.Toufail son of Meenhwal r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.9 of 2009 under sections 411, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.161 of 2009 under section 302 P.P.C. of P.S. Kandhra.
4. F.I.R. No.40 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
5. F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
6. F.I.R. No.167 of 2009 under sections 383, 353, 542, P.P.C. of P.S. Kandhra.
22.Imran son of Mubhat Janwari r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379 P.P.C. of P.S. Kandhra.2. F.I.R.
No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
23.Papoo son of Ali Dino Janwari r/o village Ali Sher Janwari1. F.I.R. No.87 of 2008 under section 379, P.P.C. of P.S. Kandhra.
24.Lutuf son of Allah Juiro Janwari r/o village Ali Sher Janwari1. F.I.R. No. 8 of 2009 under section 324, P.P.C. of P.S. Kandhra.
25.Allah Dino son of Ali Dino Janwari r/o village Ali Sher Janwari1. F.I.R. No.22 of 2009 under sections 379, 511 P.P.C., of P.S. Kandhra. 2.
F.I.R. No.3 of 2010 under section 379, P.P.C. of P.S. Kandhra.
26.Kabar alias Murtaz son of Abbas Janwari r/o village Ali Sher Janwari1. F.I.R. No.29 of 2009 under section 324, P.P.C. of P.S. Kandhra.
27.Ghazi son of Hidyatullah Janwari r/o village Ali Sher Janwari1. F.I.R. No.29 of 2009 under section 324, P.P.C. of P.S. Kandhra.
28.Rizwan son of Gul Muhammad Janwari r/o village Ali Sher Janwari1. F.I.R. No.29 of 2009 under section 324, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.64 of 2011 under section 395, P.P.C. of P.S. Kandhra, 29.Gul Hassan alias Gul son of Khuda Bux r/o village Ali Sher Janwari1. F.I.R. No.29 of 2009 under section 324, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.79 of 2009 under sections 302, 148 P.P.C. of P.S. Kandhra 30.Mumtaz son of Hidyatullah Janwari r/o village Ali Sher Janwari1. F.I.R. No.29 of 2009 under section 324, P.P.C. of P.S.Kandhra.
2. F.I.R.
No.61 of 2009 under sections379, 427 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.65 of 2009 under sections 411, 148 P.P.C. of P.S. Kandhra.
4. F.I.R.
No.79 of 2009 under section 302, P.P.C. of P.S. Kandhra.
5. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra.
6. F.I.R. No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra.
7. F.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
31.Riaz son of Gul Muhammad Janwari r/o village Ali Sher Janwari1. F.I.R. No.61 of 2009 under sections379, 427, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.65 of 2009 under sections 411, 148 P.P.C. of P.S. Kandhra..
32.Abdul Hameed son of Abdullah Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
3. F.I.R.
No.162 of 2009 under sections 353, 324 P.P.C. of P.S. Kandhra 4. F.I.R.
No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra.
33.Abdul Ghaffar son of Ali Nawaz Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.47 of 2010 under sections 353, 324 P.P.C. of P.S. Kandhra.
34.Taj Muhammad son of Jamaluddin Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2009 under sections 427, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
35.Muharram son of Ibrahim Janwari r/o village Ali Sher Janwari1. F.I.R. No.90 of 2009 under sections 427, 148, P.P.C. of P.S. Kandhra. 2.
F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra. 3 F.I.R.
No.1 of 2010 under section 379, P.P.C. of P.S. Kandhra 4. F.I.R. No.10 of 2010 under sections 302 and 34 P.P.C. of P.S. Kandhra.
5. F.I.R. No.14 of 2011 under section 302,P.P.C. of P.S. Kandhra.
36.Mubhat son of Ghous Bux Janwari r/o village Ali Sher Janwari1. F.I.R. No.134 of 2009 under section 302 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.10 of 2010 under section 302, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
37.Ali Muhammad son of Suleman Janwari r/o village Ali Sher Janwari1. F.I.R. No.134 of 2009 under sections 302 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.10 of 2010 under section 302, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.14 of 2011 under section 302 P.P.C. of P.S. Kandhra.
38.Ghulam Mustafa son of Ahmed Janwari r/o village Ali Sher Janwari1. F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.10 of 2010 under section 302, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
4. F.I.R. No.63 of 2011 under section 395 P.P.C. of P.S. Kandhra.
5. F.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
39.Fida Hussain son of Muhbat Janwari r/o village Ali Sher Janwari1. F.I.R. No.134 of 2009 under section 302 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.10 of 2010 under section 302, 34 P.P.C. of P.S. Kandhra.
3. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
40.Muhammad Ameen son of Ali Dino Janwari r/o village Ali Sher Janwari1. F.I.R. No.134 of 2009 under section 302, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.14 of 2011 under section 302 P.P.C. of P.S. Kandhra.
41.Mujahid son of Anwar Janwari r/o village Ali Sher Janwari1. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
2. F.I.R.
No.28 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
42.Khair Muhammad son of Ibrahim Janwari r/o village Ali Sher Janwari1. F.I.R. No.1 of 2010 under section 379, 447 P.P.C. of P.S. Kandhra.
2. F.I.R.
No.3 of 2010 under section 379, P.P.C. of P.S. Kandhra.
3. F.I.R. No.10 of 2010 under sections 302, 364 P.P.C. of P.S. Kandhra.
4. F.I.R. No.14 of 2011 under section 302, P.P.C. of P.S. Kandhra.
43.Kaloo son of Shahzado Janwari r/o village Ali Sher JanwariF.I.R. No.133 of 2010 under section 452 P.P.C. of P.S. Kandhra.
44.Zahid Hussain son of M.
Yaqoob Janwari r/o village Ali Sher Janwari.1. F.I.R. No.53 of 1996 under sections 17/3 EHO and 353, 324 P.P.C. of P.S. Kandhra.
2. F.I.R. No.168 of 1996 under section 17/3 EHO of P.S. Rohri. 3.
F.I.R. No.190 of 1998 under section 13-DAO of P.S. Rohri.
4. F.I.R. No.55 of 1996 under section 13-DAO of P.S. Kandhra.
5. F.I.R. No.55 of 1997 under section 337Aii P.P.C. of P.S. Kandhra.
6. C-02/96 under section 110/55, Cr.P.C. of P.S. Kandhra.
7. F.I.R. No.46 of 1997 under sections 353, 324 P.P.C. of P.S. Kandhra.
8. F.I.R. No.44 of 2009 under section 13-DAO of P.S. Kandhra.
45.Haroon son of Muhammad Hassan Janwari r/o village Ali Sher JanwariF.I.R. No.22 of 2011 under section 395 P.P.C. of P.S. Kandhra.
46.Muhammad Ayoob son of Muhammad Hassan Janwari r/o village Ali Sher JanwariF.I.R. No.22 of 2011 under section 395 P.P.C. of P.S. Kandhra.
47.Barkat son of Muhammad Hassan Janwari r/o village Ali Sher JanwariF.I.R. No.22 of 2011 under section 395, P.P.C. of P.S. Kandhra.
48.Mazhar son of Unknown Janwari r/o village Ali Sher JanwariF.I.R. No.23 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
49.Yameen son of Gulsher Janwari r/o village Ali Sher Janwari1. F.I.R. No.23 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.28 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
50.Muhammad Nawaz son of Hajjan Janwari r/o village Ali Sher Janwari1. F.I.R. No.67 of 2011 under sections 431, 148 P.P.C. of P.S. Kandhra. 2.
F.I.R. No.68 of 2011 under section 324 P.P.C. of P.S. Kandhra.
3. F.I.R.
No.76 of 2011 under sections 353, 324 P.P.C. of P.S. Kandhra.
51.Mukhtiar son of HidyatullahJanwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
52.Abdul Hussain son of Allah Juiro Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
53.Ali Buxson of Allah Wadhayo Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
54.Junaid son of Wahid Bux Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
55.Yaseen son Badshah alias Muhammad Ali Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
56.Azhar son of Abdul Rasheed Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
57.Majan son of Muhammad Khan Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
58.Talib son of Muhammad Khan Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
59.Ajeeb son of Muhammad Khan Janwari r/o village Ali Sher JanwariF.I.R. No.68 of 2011 under section 324, P.P.C. of P.S. Kandhra.
60.Rahim Bux son of Qalander Bux Janwari r/o village Ali Sher JanwariF.I.R. No.77 of 2011 under section 324, P.P.C. of P.S. Kandhra.
61.Ghulam Rasool son of Qalander Bux Janwari r/o village Ali Sher JanwariF.I.R. No.77 of 2011 under section 324, P.P.C. of P.S. Kandhra. . In analysis of the above milieu of the case, as portrayed by the learned counsel for the petitioner, it was emphatically asserted that lodging of F.I.R. Against the persons, mentioned in the body of the petition in respect of the occurrence, disclosed therein, was his (petitioner)'s right, which having been denied, present petition was filed. To authenticate his right, the learned counsel placed reliance on the precedents of Muhammad Bashir v. S.H.O., Okara Cantonment and others (PLD 2007 SC 539), Mst. Anwar Begum v. S.H.O., P.S., Kalri West, Karachi and 12 others (PLD 2005 SC 297), Mst.
Bhetan v. The State and 3 others (PLD 2005 Karachi 621), Nazir Ahmed v. The State and another (2010 MLD 995), Muhammad Nawaz v. DPO and others (2011 YLR 866), Imanullah v. Justice of Peace/ASJ Rajanpur and 3 others (2011 YLR 833) and Mumtaz Ali v. S.H.O. Naushahro Feroze (2011 PCr.LJ 268).
7. It would be pertinent to note that in the cases of Muhammad Bashir, Mst. Bhetan, Mumtaz Ali and Imanullah the applicants/petitioners, in the first instance, invoked the jurisdiction of the Ex-Officio Justice of the Peace under section 22-A and B, Cr.P.C. Such having been denied, they came before the High Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (1973 Constitution). Thus alternative and efficacious remedy that was available to them was first availed of. In the case of Mst. Anwar Begum the honourable Supreme Court converted the C.P.L.A. Into appeal, accepted it and directed the S.H.O. P.S. Lyari Town, Karachi, South to register second F.I.R.
Whereas in the case of Muhammad Nawaz again the S.H.O. Concerned was directed to lodge the second F.I.R. It may be vital to note that in both these cases, the court had exercised its Discretionary power looking and appreciating the bona fides of the petitioners therein. In the case of Naseer Ahmed, there was no question of refusal of lodging of F.I.R. As it was simply a case of bail.
8. The facts and circumstances as unveiled in the present case would demonstrate that the petitioner for some unknown reasons recalled the entire event in minutest of details when he was able to remember the names of each and every officer/police personnel with specific designation and the kind of weapons they were carrying and the person they allegedly shot and also knew as to on which part of the body he received bullet injury and whether it passed through and through or remained intact and that too when there was complete state of hue and cry at the time of alleged occurrence. It was only this petitioner/ nekmard who under such precarious circumstances was able to note every fine detail and thereafter able to narrate the same in the petition. This intricate narration of events shows nothing but fabrication, only to implicate the police personnel.
Moreover, the postmortem reports as was brought on record from the respondents' side would show that two deaths had occurred even prior to the happening and that the allegation that minors had been killed was also belied from the postmortem report which was a document prepared by independent and impartial persons/doctors who had no connection or relation with the entire incident, disclosed in the body of the petition. The above long list of criminal cases speak volumes. In this view of the matter and also keeping in sight the F.I.R. No,84 of 2011 and also F.I.R. 85 of 2011 there was no occasion for lodging of another F.I.R. And to sideline the investigation of such F.I.Rs, The precedents relied upon by the learned counsel show that the supplicants in such cases approached and/or availed alternative remedy first whereas in the present case, despite availability of alternative remedy, the petitioner chose to file the present petition. Even in the case of Muhammad Bashir, relied upon by the learned counsel for petitioner, the apex court in paragraph 41 held that, "we are conscious of the fact that in pursuance of petition filed under Article 199 of the Constitution, the High Courts at times, did refuse to issue writs directing recording F.I.Rs, Suffice it to say that the exercise of discretion under the said jurisdiction was not dependent only on an illegality committed by a competent authority but was also controlled by some other important consideration such as the seeker of a writ being an aggrieved person; availability of alternate remedies such as filing of a complaint etc. In criminal matters and the applicant being qualified, in equity, for the grant of the sought relief. The powers of the Ex-Officio Justice of Peace under section 22-A (6) of the Cr. P. C. Could, therefore, not be equated with the constitutional jurisdiction vested in the High Court". This observation of the Supreme Court would by itself explain that the high court is exercising extra ordinary constitutional jurisdiction under Article 199 of the 1973 Constitution decides and/or looks into the case altogether in a different perspective and the parameters to decide a case brought under Article 199 of the 1973 Constitution are altogether different than those provided under section 22-A, Cr.P.C.
9. The petitioner in the present case having opted to file the present petition gave up a right of remedy, available to him at the other level, which in the event of denial would have put the petitioner in a better position to have invoked the jurisdiction of this court under Article 199 of the 1973 Constitution. The petitioner, it seems was struck by his own wisdom. As observed above, a case is gauged on altogether different touchstone when brought under Article 199 of the 1973 Constitution, as the High Court is exercising its discretionary power and would come to the conclusion if the petitioner has made itself entitled to obtain an order, passed by the High Court after exercising its discretionary power. Case of the petitioner, therefore, has to be measured on this yardstick. State of affairs as disclosed in the petition on the face, had been viewed by this court to be mala fide. The unfolding of events show that the petitioner had come to this court with unclean hands. Therefore this court would refrain itself in exercising discretionary powers as contemplated it under Article 199 of the 1973 Constitution. The precedents of Muhammad Nawaz, Naseer Ahmed and Anwar Begum in view of the above observations are of no avail to the petitioner inasmuch as in such cases the grievance of the petitioners was bona fide; whereas in the present case this court was not at all convinced, that the case which was attempted to be brought to the notice of police concerned and/or as available in the petition was bona fide, even remotely.
10. The learned counsel for the respondents to shatter the petition relied upon various cases first of which was of Imtiaz Ahmed Cheema, S.H.O. v. S.H.O., P.S. Daharki, Ghotki and 2 others (2010 YLR 189) wherein a single Judge of this court now elevated as honourable Judge of the apex Court, while discussing the provisions of section 22-A, Cr.P.C. Held that, "wisdom of legislature was not that any person who in discharge of a duty takes action against an accused would be subjected to harassment by invoking section 22-A, Cr. P. C. And the court on its turn, in a mechanical manner should not allow application under section 22-A, Cr.P.C. But should apply its mind as to whether the applicant had approached the court with clean hands or was it tainted with malice and unless such practice was discourage it would have far-reaching effect on the public officials who in discharging of their duties take action against the persons who are the violators of law and that the law has to be interpreted in a manner that its protection extends to everyone". The facts of the case were that the S.H.O. Concerned intercepted accused and recovered cocaine of 120 grams from him and he was challaned and subsequently on the application of brother of the accused, Justice of Peace without verifying the facts directed incharge P.S. Concerned to record statement of the brother of the accused and if cognizable offence was made out case be registered against the applicant. Such order was challenged by the applicant/S.H.O. Concerned when the learned single judge made the above observations. Somewhat the case in hand is also of the same nature where the police officials while performing their official duties got hold of certain accused and also faced counter firing with the result that some lives had been lost. To cover up such incident, now the petitioner wants to have the F.I.R. Lodged without any remorse for the offence committed by accused persons whereby precious lives had been lost and official functions of the police had been greatly hampered.
11. In the case of Altaf Hussain v. Government of Sindh, through Home Secretary and another (PLD 1997 Karachi 600) a Division Bench of this court held that whenever an adequate remedy in the form. Of a private complaint (now under sections 22-A and B, Cr.P.C) is available to the petitioner, relief sought in the petition may be declined. It was further held in the reported case that since private complaint can provide an equally adequate relief to the complainant, in cases where he can lead the entire evidence himself before the court, it can be said to be an adequate remedy.
Here though adequate remedy was available to the petitioner, still he chose to invoke the constitutional jurisdiction of this court which under the facts and circumstances of the case are/were not available to him. In the case of Mazhar Hussain Naqvi v. Zafar H. Zaidi, VC, KU, (PLD 2001 Karachi 269) again a Division Bench of this court held that S.H.O. Although was bound to record F.I.R. In case the petitioner had approached him, yet any investigation pursuant to the same in the circumstances could not have yielded any purpose and issuing of direction in such regard while exercising power under Article 199 of the Constitution was denied when the Division Bench came to the conclusion that the record did not indicate that the petitioner had beaten up by the accused against whom he wanted to lodge an F.I.R. The Division Bench reached to such conclusion when it perused and examined the medical report, submitted by senior medical officer which revealed that the petitioner had not received any injury. In the present case as well, the respondents had filed postmortem reports of the deceased which show that they had died even prior to the time of incident when the police had not even reached the place of incident for arresting the accused mentioned in F.I.R No,84 of 2011. In the case of Habibullah v. Political Assistant, Dera Ghazi Khan and others (2005 SCMR 951) a full bench of the apex court held that it is not obligatory for the High Court to issue writ in each case, irrespective of facts and circumstances.
Exercise of judicial restraint in turning down such request in view of the conduct of the petitioner besides considering that adequate remedy in the form of private complaint was available to the applicant needs to be exercised in appropriate cases. The background of the reported case was - that the S.H.O. Concerned disclosed that case against petitioner was investigated twice; was found false and the F.I.R. Was not lodged with the result that the petitioner in the first instance approached the High Court and upon such refusal, when the High Court observed that it was under no obligation to issue direction to the S.H.O. Concerned for lodging of F.I.R. And that it was its discretion to refuse issuance of direction in such respect, the petitioner went to the Supreme Court and above observations were made. Again in the present case it has amply come on record that the police personnel went to the Village with the purpose to arrest the accused, nominated in F.I.R.
No,84 of 2011, which was hampered with the result that encounter took and lives were lost. In the case of Abdul Wahab v. Govt. Of Sindh, through Secretary Home Department, Karachi and 2 others, (2004 YLR 2599) it was observed that on refusal by the police officer to register the F.I.R. In a cognizable case, adequate remedy is available to the aggrieved party; firstly by approaching the Sessions Judge, Ex-Official Justice of the Peace for exercise of powers under section 22-A(6), Cr.P.C, secondly by approaching the Magistrate to exercise powers under section 156(3), Cr.P.C. And lastly by filing a direct complaint under section 200, Cr.P.C. Such observation was made in the reported case when the learned judge came to the conclusion that jurisdiction of the High Court under Article 199 of the 1973 Constitution cannot be invoked if an adequate remedy was available under the relevant law and such emedy was also an alternate remedy and was more convenient, beneficial and effective than the one sought to be enforced under Article 199 of the 1973 Constitution. Again in the case of Muhammad Ali v. S.H.O. P.S. Aziz Bhatti and others (2003 YLR 550), this court after looking at the fact that the petitioner who had sought direction from the High Court for a direction to the police to register his case under its constitutional jurisdiction could be done more efficiently and beneficially if the petitioner would have had approached the Magistrate concerned under section 156(3) Cr.P.C. Inasmuch as soon the complaint was registered, the Magistrate whose court was situated near the scene of incident or the residence of the complainant would have immediately passed orders as deemed fit, either by adopting the course of Chapter XVI or Chapter XIV of Cr.P.C. The petition, under the circumstances was dismissed by coming to the conclusion that adequate and more efficacious remedy was available to the petitioner. In the case of Muhammad Mujahid Iqbal v. ASJ, Rajanpur and 10 others (2009 YLR 330), it was held that in case accused is involved in a heinous and a serious offence and is to prosecute investigators,mechanically without application of legal mind, then such trend would erode the entire system. It was held that order passed by the Ex-Officio Justice of the Peace for registration of case against the police officer was illegal and without jurisdiction and of no legal effect. The background of the case was that the petitioner had arrested a person from whose possession large quantity of ammunition was recovered and accordingly F.I.R. Was registered and the case was to be proceeded against him. In retaliation to such arrest, brother of the arrested person/accused filed a criminal miscellaneous application before the Ex-Officio Justice of the Peace, who on his turn, without appreciating the background of the case vis-a-vis large recovery of ammunition, ordered that the F.I.R. Be registered against the police officials, they having illegally went to the workshop of the accused and took away the guns etc. Which were lying for repairs F.I.R.
Against the person, who made possible arrest and recovery of ammunition was ordered to be lodged. When such police officer failed to lodge F.I.R., contempt application was filed and in such contempt application the petitioner's salary was ordered to be attached. It was under these circumstances that above observations were made by the Lahore High Court and the orders passed by the Ex-Officio Justice of Peace/Sessions Judge was set aside.
12. Gauging the case in hand in the perspective of the various citations, relied upon by the learned counsel for respondents, it would become abundantly clear that petitioner in the first instance instead of approaching the court below for redress of his grievance, which was alleged to be refusal of registration of F.I.R. In respect of the incident reported in the petition, chose, in his own wisdom to approach this court and obtain an order for registration of F.I.R. Which was discretionary.
The trace of the case would clearly show that the petition was mala fide and therefore this court while exercising discretionary powers under Article 199 of the Constitution would not pass a mechanical and/or a run in the mill order. The criminal record of the persons, who are the residents of Village would show that just to brow-beat and to make the official respondents redundant in discharging their official functions and to implicate them unnecessary, present petition was filed without an iota of truth. It may be observed here that it is the bounden duty of the courts to see and gauge each case on its own merits, particularly the criminal cases and to come to the conclusion accordingly, subject however, it should be within the bound of law to which even the courts are subservient. No case can be decided in an isolation and/or in air and various aspects have to be considered while reaching to the just, legal and equitable conclusion. Applying such principle in the case in hand, it would become clear that the petition was mala fide. The irony is that even the criminals who were actively involved in this case because of the prevailing pathetic law and order situation in the country, where the criminals rule and the law abiding citizens hide, have had the audacity to first intimidate and harass by firing on Police and then insist for lodging of F.I.R. Present petition was one of such matteRs, This is unfortunate. This state of affair as a matter of fact had to be nipped in the bud.
13. These are the reasons for dismissal of this petition in limine on 15-7-2011.