HASSAN FEROZ, J.---This is a harassm ent petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, filed by petitioner who is practicing Lawyer of High Court at Karachi.
2. Brief facts giving rise to this petition are tit petitioner had filed an application under sections 22-A and B, Cr.P.C. before the District and Sessions Judge, Dadu seeking direction for recording his statement under section 154, Cr.P.C. which was transferred to Ist Additional District and Sessions Judge, Dadu for disposal and on 03.12.2013 learned 1st Additional District and Sessions Judge, Dadu allowed the application with direction to Respondent No.1, Station House Officer Khudabad to record statement of the petitioner and if from the contents of statement so recorded, cognizable offence is made out, register FIR against the proposed accused. On 06.12.2013 petitioner appeared before the Ex-SHO namely Shahnawaz Otho who firstly refused to record statement but later gave time to come tomorrow i.e. 07.12.2013, because in the application of petitioner present SHO Gulzar Ahmed Khushik was also shown as proposed accused. Petitioner again on 07.12.2013 appeared before Ex-SHO Shahnawaz Otho and tried to get statement recorded and waited for three hours but no statement was recorded and the petitioner was pressurized to have compromised with present SHO to which the Petitioner refused, petitioner having no option to record his statement orally, gave the statement in writing. That after recording statement of petitioner proposed accused as well as present SHO Khudabad namely Gulzar Khushik has continuously been threatening the petitioner not to come at police station for lodging the FIR against him.
On 16.12.2013 petitioner moved application to the Senior Superintendent of Police Dadu, Respondent No.3 against the attitude of present SHO Khudabad and also for protection of life.
On 19.01.2014 petitioner departed from Karachi to Dadu in order to get FIR registered at Police Station Khudabad and arrived there at about 12-20 p.m. where the Respondent No.1 was present and petitioner requested to register FIR as per order dated 03.12.2013 passed by the 1st Additional Sessions Judge, Dadu. Respondent No.1 used abusive language and started threatening to leave the police station, otherwise petitioner will either be arrested or kidnapped by the local dacoits, which the petitioner refused and was mentally tortured by Respondent No.1 and his subordinate staff for about 2-1/2 hours and on his assurance of not coming again at Police Station allowed him to go. Thereafter leaving police station petitioner called through cell phone to Respondent No.2 Abdullah Khan Unar and made complaint against the misbehavior and abusive language of respondent No.1 who also supported the Respondent No.1 and directed him to leave this issue, if petitioner loves his life.
3. Petitioner present in person has submitted that it is the duty of the State functionaries not only to act as required by law but also to act in a just, fair and transparent manner and the Station House Officers are duty bound to obey the orders. He further submitted that he is still being harassed by the Respondent' No.1 with the help of Respondent No.2 as well as other private persons.
4. Mr. Noman Zahid Ali, State Counsel has supported the order passed by learned 1st Additional District Judge Dadu Justice of Peace.
5. In this matter it has been observed that the allegation is with regard to that complainant proceeding from Karachi to Shandadkot when his coach reached at Khudabad at 1:00 A.M night suddenly 8 to 10 dacoits came on road and started firing and driver stopped the coach and they entered into the coach and on gunpoint robbed other passengers as well as the petitioner. The passengers went to register FIR but no FIR was registered however Entry No.8 was stated to be made under Section 155, Cr.P.C. of non-cog offence whereafter the petitioner who is an advocate by profession went from pillar to post however, failing in lodging of FIR he moved before Justice of Peace who ordered for recording of statement of petitioner and cognizable offence appears FIR was ordered to be registered.
6. From the perusal of order no infirmity or illegality appears however still the FIR on the subject has not been recorded on one pretext or other by the police. Although in a dacoity prompt action is required in registration of FIR. It is the bounden duty of the concerned SHO to record the statement of petitioner and if cognizable case is appeared from his statement FIR under section 154, Cr.P.C. should be lodged. After hearing the parties it seems that the petitioner and the police A have entered into a tussle of avoiding to recorded the FIR of the incident as the applicant wants to name the then SHO of Police Station Khudabad in the FIR yet to be registered. Be that as it may, the petitioner may approach the concerned Police Station and get recorded his statement before the duty officer or the SHO Khudabad and if from the statement so recorded case of cognizable nature comes out, and the name of the then SHO if mentioned in such FIR, appropriate action be initiated in accordance with law however, no arrest of the then SHO be made until tangible evidence appears against him during investigation to be conducted by not less than DSP and if the SHO is found negligent in performance of his duties disciplinary action should be taken to safeguard the rights of the public in the interest of the justice. With this modification the order passed by 1st Additional District Judge, Dadu holds ground. SSP Dadu is directed to comply accordingly and also to provide protection to the applicant in accordance with law.
Petition is allowed.