' Grievance made in this petition is that the petitioner's wife was enticed away by Ata Muhammad respondent who is real brother of the petitioner. It is alleged that Ata Muhammad respondent has illegally entered into marriage with Mst. Amiran, although she is the legally wedded wife of the petitioner. The petition was admitted to regular hearing on 30-10-1988 and notices were issued to the respondents. However, no one appeared on behalf of the respondents despite service of notices. Under the circumstances the respondents are proceeded against ex parte. Prima facie, it appears from the material placed on the file of the present writ petition that Mst. Amiran was the legally wedded wife of the petitioner. They lived together as husband and wife from 12-1-1986 till May, 1988 when she was enticed away by Ata Muhammad, respondent No,2. Thereafter, Ata Muhammad real brother of the petitioner is stated to have entered into marriage with Mst. Ainiran on 11-7-1988. It is alleged that the second Nikah was entered into between Ata Muhammad and Mst. Amiran on the basis of forged Talaqnama. Learned counsel for the petitioner has also drawn my attention to a certificate issued by the Chairman of the Union Council saying that the alleged Talaq dated 5-3-1988 was not effective. It really shakes the judicial conscience that a real brother, who is already married should entice away the wife of his own brother and contract marriage with her without any valid Talaq from her earlier husband.
2. The petitioner approached respondent No,1 for registration of a case against respondent No,2 but he did not register the same. Therefore, the petitioner made applications to the D.S.P. Lodhran and S.S.P. Multan but no action was taken on the same. It is submitted that prima facie, a cognizable offence was disclosed against respondent No,2 and that respondent No,1 was bound under the law to record F.I.R. On the statement of the petitioner. Respondent No,1 thus failed to perform his statutory duty as was cast on him by virtue of section 154 of the Code of Criminal Procedure.
3. In case the petitioner now approaches respondent S.H.O., he shall record his statement and register a case against the culprits under section 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, (No,VII of 1979) and investigate the same in accordance with law.