' This Constitutional petition has been moved under Article 9 of the Provisional Constitution Order 1981 for the issuance of a direction to the respondent to register a case against Ghulam Rasool and others under the provisions of Zina Ordinance and under section 480/452, P.P.C.
2. The relevant facts of this case in substance are that Mst. Chanan is the wife of Allah Bakhsh the petitioner. They are having a daughter and a son. It has been alleged against Ghulam Rasool that he developed illicit liaison with Mst. Chanan and with the assistance of his accomplices abducted the petitioner's wife and her minor children and also decamped with the other valuables of the petitioner. He went to lodge a report with the police under section 154, Cr.P.C. But the police declined to register a case.
3. The respondent has offered his comments and has appeared today. It has been stated in the comments that Mst. Chanan has filed a suit for having a judicial divorce against Imam Bakhsh in the Court of the learned Judge Family Court, Alipur and she had earlier initiated criminal proceedings against Allah Bakhsh under sections 323 and 506 of the P.P.C. It has been stated that Mst. Zubaida is a married lady and is living in the house of her husband where the son of the petitioner who is stated to be minor is 20 years old and is assisting his mother in the prosecution of the matrimonial case. It has been stated in these comments that in this petition the real facts have been screened. The respondent has sought refuge under section 157 and Rule 24.4 of the Police Rules and has also relied upon PLD 1981 Lah. 138 and PLD 1979 Lah.
263.
4. The facts narrated by the petitioner were recorded in the Daily Diary and the respondent suspected that the alleged offence has not been committed and he declined to enter the substance of the information in the F.I.R. Ghulam Rasool, the alleged abductor is stated to have been assisted by his sons, nephews and a maternal-uncle which is not credible. A person is not expected to abduct a lady for illicit purpose with the help of his sons, nephews and maternal-uncle.
The petitioner can make avail of an efficacious remedy of filing a private complaint.
5. I see no merit in this writ petition and dismiss the same in limine. .