' On the application of Miss Nafisa Anwar addressed to Deputy Martial Law Administration/SubMartial-Law Administrator, Lahore, the present case was registered on 21st April, 1982, at Police Station Qila Gujar Singh, under sections 427 and 452, P. P. C. It was alleged in the application that she alongwith her two sisters Naeema and Wasima were owners in possession of shop bearing No, 37-R-153/9, commonly known as 59-Dinga Singh Building, The Mall, Lahore; that they wanted to sell the shop to the three petitioners and the talks were going on and no agreement had been signed; that a sum of Rs, 1,50,000 was received by her mother and the said amount was a token money for showing their willingness to sell the same; that the said amount was got deposited that some days back, the three petitioners came to her house in Gulberg in the evening when she and her sisters were present and they got the agreement sale signed by her under pressure and coercion and when her mother came to the house, she informed her and a protest was lodged to the petitioners on the next day. She further stated that the protest was also lodged to Kh. Hamid Saeed, who is President of Beadon Road Shop Keepers Association, who agreed, to do the needful. It was further alleged that on 21st April, 1982 at 10-00 a. m., when she alongwith her mother and two sisters was present in the shop, three petitioners after ha ving made preparations for the destruction of the property and for keeping them in unlawful restraint, assaulting them and by putting them in the fear of hurt and assault and with intention to commit other offences, threatened, intimidated insulted and molested them, and after committing trespass, the petitioners and fifteen other persons armed with deadly weapons started demolishing the front pillars of the shop; that she and her mother and sisters were wrongfully confined for three hours and in the meantime, shutters were destroyed. The doors and windows were taken out and some of their goods including electric ceiling fans, pedestal fans, desert coolers, sui gas appliances and other goods and articles were taken away by them and they also took away her black hand bag containing cash amounting to Rs, 3,000 and some other documents.
2. The petitioners had applied for bail before arrest in the Court of Sessions but their application was dismissed by the Additional Sessions Judge on 9th May, 1982.
3. The learned counsel for the petitioners drew my attention to the three receipts executed by the three sisters, on 1st April, 1982. Each receipt is for the amount of Rs, 50,000 and the receipts bear the signatfires of Kb. Hamid Saeed, Haji Yaqoob Alam and Mst. Surayya Jabbin mother of the complainant and her sisters). Agreement of sale is also dated 1st April, 1982, and this agreement of sale was witnessed by the aforesaid three witnesses including the mother of the complainant. The case of the complainant was that agreement of sale was got executed from the three sisters under coercion and duress. From the material placed on the record, it shows that even the mother of the complainant had signed the receipts and the agreement of sale. It was admitted by the learned counsel for the complainant that the mother of the complainant named, Mst. Sureyya Jabbin had signed the receipts as well as the agreement of sale but according to him, it had been signed at different times. The complainant failed to show that when the agreement of sale was got executed under coercion and duress, why did not she make report to the police or file any civil suit or avail of any other legal remedy. They kept quiet till according to them. The present occurrence took place on 21st April 1982. The learned counsel for the complainant stated that they had protested to Anjman Tajran, Beadon Road, Lahore.
4. There was a delay, of about thirteen hours in lodging the F. I. R. The complaint was drafted and signed by the complainant but it was nowhere mentioned in the complaint that she had approached the police for the registration of the case and the police had declined to register the case. According to the complainant, the main occurrence had taken place on 21st April, 1982, at about 10.00 a. m. I have gone through clause(2) of the agreement of sale and in the said clause, it is clearly incorporated that the vendor shall, however, allow the purchaser to start the necessary repairs and renovation work shall be started immediately on signing the agreement of sale. The learned counsel for the petitioners submitted that the petitioners were prepared to pay the entire balance even today and want to get the sale-deed registered. The petitioners placed on record the affidavits of Kh. Hamid Saeed, President Anjman Tajran, Beadon Road, Lahore, to whom, according to the complainant, a protest had been lodged and that of Sh. Yaqoob Alam, Vice- President, Anjman Tajran Beadon Road, Lahore. They contradicted the version of the complainant in their affidavits. These were the two persons, who had signed the three receipts of Rs, 50,000 each and the agreement of sale executed on 1st April, 1982.
5. The case has been investigated and I have gone through the zimni dated 15th May, 1982 recorded by the S. H.
0. According to his finding, it was a false case liable for cancellation. After having considered the entire record, I confirm the interim to the petitioners. They shall, however, join the investigation if and when required by the police. This order shall be without prejudice to the merits of the case.
6. This also disposes of the petition filed by the complainant bearing No, 426/M/1982.