' Through this Constitutional Petition, the petitioner seeks the issuance of direction to respondent No,1, viz the Station House Officer, Police Station Warburton, District Sheikhupura, to register a case against respondents Nos. 2 to 8.
2. It is contended in this Petition that the petitioner had some dispute with WAPDA Authorities about the change of the meter at his tube-well premises located in village Tibbi Kirriali, Police Station Warburton. On 9-8-1983, he received a bill from WAPDA in which the last date for payment was indicated as 8-8-1983. He approached the Revenue Officer, WAPDA, on 10-8-1983 with a request to extend the date of payment but his request was not acceded to and he was threatened that his premises would be disconnected. He was, therefore, obliged to file a civil suit against WAPDA. He was granted a stay order by the Civil Court about the disconnection of his premises and payment of the bill which was rather excessive. The petitioner apprehended that WAPDA authorities would not honor the stay order, he therefore, paid the amount of the bill in the bank on 2-10-1983.
3. In spite of the payment on 2-10-1983, the respondents came at his tube-well on 3-10-1983 and started disconnecting his meter. His son Mohammad Nawaz protested and said that stay order stood issued in their favour and that they had already paid the amount of the bill in question as well. He showed copies of the stay order and the receipt regarding payment of bill but the respondents caused injuries to him. A Mohammad Ismail, respondent No,2, allegedly inflicted a stick blow on the head of Muhammad Nawaz while Sami Ullah lineman caused another injury with plier on the knee of Muhammad Nawaz. Thereafter, respondents Nos. 2 to 8 forcibly abducted the said Muhammad Nawaz to some unknown destination. The occurrence was allegedly witnessed by Ashiq son of Khan, Allah Ditta son of Shah Muhammad and Khan son of Gehna. The local police is alleged to have colluded with respondents Nos. 2 to 8, the WAPDA officials and registered a false case against Muhammad Nawaz son of the petitioner and six others, The petitioner approached the Superintendent of Police and the District Magistrate but without success. He ultimately filed the present Constitutional Petition.
4. A report from the Superintendent of Police Sheikhupura was obtained. He reported that Muhammad Nawaz, the son of the petitioner, and others belabored the linemen when they wanted to disconnect the tube well premises of the petitioner and consequently a case under section 186/332/506/353, P.P.C. Had been registered at Police Station Warburton against the said Muhammad Nawaz and others, He further maintained in his report that the present Writ Petition had been filed by the petitioner as a counter-blast to the said case. His report was silent as to the allegations contained in the under-consideration Constitutional Petition. He did not explain the injuries on the person of Muhammad Nawaz as well. The contents of medico-legal report, dated 3- 10-1983 of Muhammad Nawaz son of Shahmad, the petitioner, are to the effect that the following two injuries were found on the person of Muhammad Nawaz at the time of his medico-legal examination: -
(1) A lacerated wound 3 c.m. x 4 c.m. On head just proximal to fore-head.
(2) A lacerated wound 1 c.m. x # c.m. On the knee on ventral aspect.
' These injuries have been declared as simple and caused by blunt weapon. Muhammad Nawaz was got medically examined by the police.
5. Annexure 'B' is the photo copy of the bill. Entries of Annexure 'B' indicate that a sum of Rs,8,997.27 on account of electricity charges and arrears thereof was deposited by Shahamad in the bank on 2-10-1983. Contents of Annexure 'A' are to the effect that on 28-9-1983 stay order already issued was extended till 12-10-1983 in the presence the respondents' counsel.
6.It transpires from the above circumstances that in spite of the stay order and also the payment of the bill in question, respondent Nos. 2 to 8 insisted upon disconnecting the electricity of the petitioner's premises.
7. Along with the written statement, the respondents have added medico-legal reports in respect of Allah Ditta and Muhammad Afzal (respondents 6 and 7). In both the cases, the injuries noticed were merely bruises which were declared as simple injuries to have been caused by blunt weapon.
8.The learned counsel for the respondents has maintained that injuries on the person of Muhammad Nawaz were self-suffered. This contention is fallacious because there can be no probability of suffer in a lacerated wound of 3 c.m. x 1/2 c.m. On the head near the fore-head viz. a vital part of the body. The other injury was also a lacerated wound while in the case of the respondents, there were only bruises. No plausible explanation could be offered on behalf of the respondents as to under what circumstances the respondents ignored the stay order issued by the Court and insisted upon the disconnection of electricity from the premises of the petitioner although he had paid the arrear bill a day earlier and receipt was shown to them.
9.In the above circumstances, the possibility of commission of cognizable offence by respondents Nos. 2 to 8, as alleged by the petitioner, cannot be excluded, respondent No,1, the Station Housel Officer of Police Station Warburton, is under legal obligation by virtue of section 154 of the Code of Criminal Procedure to register a case, if information about the commission of a cognizable offence is received by] him
10. In this view of the matter, the under consideration Constitutional Petition is allowed and respondent No,1 is directed to register a case in accordance with law against respondents Nos. 2 to 8 on the basis of H allegations leveled by the petitioner against them as detailed in this Constitutional Petition.
' No order as to costs.