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1989 MLD 4037

RIASAT ALI vs S.H.O. And Other

Citation1989 MLD 4037
CourtLahore High Court
Case No.Writ Petition No. 589 of 1989
Date-
Judge(s)Khalil-Ur-Rehman Khan
ResultPetition dismissed

ORDER

The main grievance disclosed in this petition is that on the evening of 19th January, 1989 Mst.

Kaneez Begum, respondent No.4 came to the house of the brother of the petitioner for staying there for the night and next morning on 20-1-1989 Muhammad Boota respondent No.2 and Muhammad Ishaq, respondent No.3 came there with police officials of Police Station Wahndo and illegally committed trespass into the house of the brother of the petitioner and forcibly took away Shakeela Bibi and Shaukat A.I with them to police station. It was asserted that Rs.20,000 and golden ornaments were also removed from the house and that Shaukat A.I was being confined in the police station without registering any case against him.

2. The S.H.O. Police Station Wahndo, was directed to submit report and parawise comments. The same has been submitted. The position taken is that in pursuance to the warrants issued on 15-1- 1989 under section 100, Cr.P.C. By Rana Muhammad Tahir Khan, Magistrate 1st Class, Gujranwala, Mst. Shakeela Bibi vas recovered by the police and produced before the Magistrate on 21-1-1989.

Mst. Shakeela Bibi in her statement made before the learned Magistrate expressed desire to accompany her parents. She was accordingly allowed to go with her parents.

3. These facts appear to have, been deliberately concealed. In these circumstances, it cannot be believed that the petitioner was not aware that Mst. Shakeela Bibi was recovered by police in pursuance to the warrants issued by the Magistrate. Such a conduct disentitles the petitioner to seek discretionary relief. I am, therefore, not inclined to interfere in exercise of Constitutional jurisdiction. The writ petition is dismissed in limine.

S.A./R-160/L

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