1. This is a writ petition under Article 199 of the Constitution submitting that two persons, namely Nazar Hussain, Ahmed Hussain while in police custody were tortured, assaulted and manhandled. It has further been submitted in the petition that the petitioner who is father of Nazar Hussain went to the police station to lodge an F. I. R. Against the respondent police officials but the F. I. R. Was not registered hence this petition in (which the prayer made was as follows :- "It is therefore most respectfully prayed that the respondent No. 1 may be ordered to enter the complaint against the above--mentioned accused police officials as contained in Annexure Any other relief may also be granted on the above-mentioned facts. ", The respondents police officials appeared and submitted a report of the Medical Officer, Gujrat that "no mark of external violence seen of recent origin on his body-(i.e. The body of the detenus)".
2. However, from a medical examination which was conducted in Lahore under orders of the Court the medico-legal report is that some injuries do exist on the body of the detenus. The order for, getting the detenus medically examined was passed by me keeping in view the provisions of Article 199(1) (b) (i) of the Constitution, because, a complaint had been made that the detenus were being held in custody in an unlawful manner, and. a prayer for bail formerly orally, later by Crl.
3. Miscellaneous No. 159-B-75 was ordered on that ground. Be that as it may, as laid down in M.
4. Anwar Bar-at-Law v. The Station House Officer, Civil Lines, Police Station, Lahore and another (PLD 1972 Lah. 493) when a report of a cognizable offence is made to police they are bound to record the same. In that view of the matter, the refusal on the part of the police agency in Gujrat to register a case against the police officials was not justified. Accepting the writ petition I direct the S. H. O. Of Sadar Police Station Gujrat to register the F. I. R. Against the police officials as mentioned in Annexure 'D' to this writ petition and investigate the same in accordance with law. I have particularly refrained from expressing any opinion on the nature of the injuries because this is matter which is to be attended to by the authorities concerned during the investigation, etc. There shall be no order as to costs.