' SADIQ HUSSAIN BHATTI, J.---Since the Constitutional Petition. No,S-103 of 2013 and Criminal Revision application under sections 435/439 Cr.P.C. Have same common subject-matter, hence I propose to dispose of the Constitutional Petition as well as Criminal Revision by this single order.
2. Mst. Sara widow of Khan Muhammad Khaskheli has filed this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, being aggrieved and dissatisfied by the order dated 21-2-2013 passed by Ex-Officio, Justice of Peace (Incharge IInd Additional Sessions Judge, Badin), in. Criminal Miscellaneous Application No,78 of 2013, who had received the same by way of transfer from the Court of learned District and Sessions Judge, Badin. Through that Criminal Miscellaneous Application, applicant Mst. Sara prayed for issuing appropriate directions to S.H.O.
Police Station Math to register the case of the applicant against the propose accused 1.
Muhammad Amin Qureshi S.H.O. Police Station Tando Ghulam Ali,
2. Abdul Ghafoor Khaskheli S.H.O.
Police Station Gulab Leghari,
3. Mukhtiar Ahmed son of Wadero Sajjan Khan Khaskheli, 4.
Shahnawaz son of Wadero Sajjan Khan Khaskheli and 5. A Police Constable, identifiable, as they had forcibly taken into police custody her son Khair Muhammad on 14-2-2013 and who has been subjected to maltreatment. The applicant made several attempts to file F.I.R. Against the culprits but proved futile. Having failed in her efforts, she finally approached learned District and Sessions Judge with above grievance who transferred her application to the IInd Additional Sessions Judge, Badin for disposal according to law.
3. Learned Additional Sessions Judge, Badin called report from S.H.O. Police Station Matti and issued notices to the proposed accused after hearing the respective parties, passed order dated 21-2- 2013 by which he dismissed the application of Mst. Sara.
4. Mst. Sara being aggrieved and dissatisfied by the above order. Dated 21-2-2013 filed this petition as discussed above.
5. On 20-5-2013, applicant Arz Muhammad son of Muhammad Uris, cousin of Khair Muhammad son of Khan Muhammad Khaskheli preferred an application under section 491, Cr.P.C. Before learned Seslions Judge, Badin, praying therein that his cousin Khair Muhammad son of Khan Muhammad Khaskheli has been forcibly taken away by S.H.O. Police Station Gulab Leghari Abdul Ghafoor Khaskheli, Muhammad Amin Qureshi S.H.O. Police Station Tando Ghulam Ali and their subordinate staff after giving him bitter maltreatment when the abductee was returning to his house from Matti Town.
6. Learned Sessions Judge, Badin passed order on that application, directed Mr. Abdul Sattar, Civil Judge, Matti to raid New Dumbalo P. P and get release the detenue Khair Muhammad if he was wrongfully confined there.
7. In obedience to the order of learned Sessions. Judge, Badin, Mr. Abdul Sattar, Civil Judge and Judicial Magistrate raided the P. P. Dumbalo where Khair Muhammad was wrongfully confined in one room duly handcuffed. Civil Judge released him on P.R. Bond as no record was available regarding his arrest.
8. Learned Sessions Judge, Badin recorded the statement of the detenue Khair Muhammad, who levelled serious allegations against the above named police officers and informed the Court that he was kept at different places for about 3/4 months and was subjected to severe torture at the hands of police. He confirmed that subsequently Civil Judge came at P.P. Dumbalo and get him released from the illegal confinement.
9. After recording the statement of detenue Khair Muhammad, learned Sessions Judge ordered an enquiry into this matter vide his order dated 21-5-2013, through Senior Civil Judge and Assistant Sessions Judge, Math Mr. Khushi Muhammad Rajput, who after completing his enquiry submitted his report dated 6-6-2013 before learned Sessions Judge, Badin.
10. On receiving the enquiry report, learned Sessions Judge passed the order in detail dated 10-6- 2013 and ordered that "applicant is at liberty to lodge the F.I.R. Against the police officials involved on the commission of above offence.' D.S.R. Matti was directed to get register the F.I.R. Of the applicant as per his verbatim.
11. On receiving such order of learned Sessions Judge, Badin, applicant Muhammad Ameen Qureshi and Abdul Ghafoor Khaskheli filed Criminal Revision Application No,86 of 2013, impugned the order regarding the registration of F.I.R. Against the applicants and to examine the legality, correctness and propriety of the impugned order.
12. Mr. Sikandar Ali Khaskheli, learned counsel for the petitioner Mst. Sara in C.P. No,103 of 2013 and for respondent No,1 Arz Muhammad in Criminal Revision Application No,86 of 2013, contended that the order dated 21-2-2013 passed by Ex-Officio, Justice of Peace, Badin suffers from material illegality and requires to be set aside. He further contended that son of the petitioner namely Khair Muhammad was taken away by police and then was maltreated and confined in wrongful custody which was subsequently recovered by a raid conducted by learned Civil Judge. He contended that petitioner approached the learned Justice of Peace for registration of the F.I.R. Against the proposed accused but his request was declined. He lastly contended that impugned order may be set aside and direction for registration of F.I.R. Be issued against the proposed accused.
13. On the other hand, Mr. Ishrat Ali Lohar, learned counsel for the applicants in Criminal Revision Application No,86 of 2013 and for intervener in C.P. No,103 of 2013; contended that the order dated 10-6-2013 passed by learned Sessions Judge, Badin for registration of F.I.R. Against the applicants is an illegal order hence the same may be set aside; the learned Sessions Judge has not applied the judicial mind and has passed the impugned order without due course of law and against the mandatory provisions of section 491, Cr.P.C.
14. Mr. Allah Bachayo Soomro, learned A.A.G. And Mr. Muhammad Iqbal Kalhoro, learned A.P.G. For the State have supported the order dated 21-2-2013 passed by Ex-officio, Justice of Peace/Incharge 2nd Additional Sessions Judge, Badin.
15. I have heard the arguments advanced by the learned counsel for the respective parties, perused the impugned orders and examined the record annexed with applications.
16. Admittedly, the alleged incident has occurred as evident from both the orders.
17. Order dated 21-2-2013 passed by IInd Additional Sessions Judge, Badin has clearly mentioned in his order that enmity is existing between Wadero Sajjan Khaskheli and applicant's family since long over a piece of land. Naturally such types of incident occur when the families are daggers drawn, in normal situation such type of thing hardly happen. Wadero Sajjan Khaskheli has taken benefit of police officials and it appears that in collusion with them, perhaps such incident has happened.
18. Learned Sessions Judge, Badin after hearing the parties, directed the Civil Judge and Judicial Magistrate, Matli to conduct raid and in pursuance thereof the detenue was found lying chained in a room and then he got him released.
19. He was examined by Sessions Judge and when allegations were levelled regarding the maltreatment, an enquiry was conducted through Assistant. Sessions Judge, Matli and subsequent to that he passed comprehensive order. I have minutely gone through its contents, in my humble opinion it did not suffer from any legal infirmity, clear directions are given in case a cognizable offence is made out, let the F.I.R. Be registered and naturally it shall be followed by investigation.
20. Registration of F.I.R. In respect of cognizable offence is right of aggrieved party given by law.
Lodging of F.I.R. Against a person means there are accusations and has to clarify satisfactorily. But in case the accusations are proved by way of evidence then he will be culprit.
21. Since the order passed by learned Sessions Judge does not suffer from any legal infirmity, neither the same has been brought before the Court through arguments. Revisional powers are in fact supervisory powers given under Criminal Procedure Code which ensure that no any illegality is committed while passing any judicial order.
22. For the discussion made hereinabove, I am of the considered opinion that order dated 10-6- 2013 passed by Sessions Judge, Badin shall sustain as it does not suffer any illegality whereas the order passed by Ex-Officio Justice of Peace/IInd Additional Sessions Judge, Badin dated 21-2-2013 is set aside.
23. The Constitution Petition and Criminal Revision Application stand disposed of in the above terms.