' This order may be read in continuation of my previous order, dated 23rd November, 1982 whereby I had granted bail to the detenu and also directed that .Notices should issue to A. S -I. Abdul Rahman, Akram, Rafiqse, Abdul Razzaq, Mumtaz and four Constables to show cause as to why a criminal case should not be registered against them. The respondents put in their written statements through their counsel.
2. The facts leading to this case are that Mst. Lakhan filed a -constitutional petition in this Court and made two-fold prayer, I e., that her husband Muhammad Saeed Shah being detained illegally by A.
S. I. Abdur Rahman be got produced in Court and set at liberty and that a direction should be issued to S. El.
0., Police Station Kabirwala repondent No, 2, to register a case under sections 452, 325, 307 and 148 read with section 149, P. P. C. Against A. S. I. Abdur Rahman, Akram Rafiq Abdul Razzaq, Mumtaz and four Constables for having formed an unlawful assembly in prosecution of common object thereof and caused simple and grievous hurts to her as well as to her husband Muhammad Saeed Shah by committing house trespass and having made preparation for causing hurt to them on the night between 15th and 16th November, 1982. She further stated that she had approached the S. H.
0., Police Station Kabirwala, but he declined to register the case though he was under a statutory duty to do so under section 154, Cr. P. C.
3. I have gone through the contents of the writ petition supported by an affidavit which discloses commission of cognizable offences. A. S.
1. Abdul Rahman, respondent, admits to have arrested Muhammad Saeed shah, husband of the petitioner, in case F. I. R. No, 264/79 on 16th November, 1982 at 4.30 p.m. He also admitted that Muhammad Saeed Shah had injuries on his person but he did not explain the circumstances in which he had got injuries. The petitioner's medical examination dated 17th November, 1982 at 2.25 p.m by the Medical Officer, Civil Hospital, Kabirwala, shows five blunt weapon injuries on her person including a grievous hurt involving the fracture of a finger of her left hand.
4. In view of the peculiar circumstances of the case and certain observations made by me in my order referred to above, I am inclined t exercise my discretionary jurisdiction in favour of the petitioner and hereby allow this petition. S. H.
0., Police Station Kabirwala who is present in Court, is directed to get hold of copies of the writ petition, the affidavit of the petitioner and orders passed by this Court and register a case and proceed with it in accordance with law.