' In this Constitutional petition the petitioner seeks direction for registration of case against respondents 2 and 3 and others. According to the allegations there was exchange of hot words between respondent No,3 and younger brother of the petitioner namely Akbar Hussain on a dispute regarding sewerage as respondent No,3 is living in the neighbourhood of the petitioner.
Respondent No,3 conspired with respondent No,2 who is police official, came to the house of the petitioner with four persons. Since respondent No,2 was not in uniform as he should have been, the petitioner asked him to come in uniform if he wanted to conduct any inquiry as police officer. It may be mentioned here that the petitioner is Assistant Security Officer in Airport Security Force. The respondent No,2 on this flared up and used filthy language against the petitioner on which he informed on telephone, the Emergency Squad. Some persons from Emergency Squad came at the spot who were told about this incident. After they had gone back, respondents 2 and 3 alongwith six other police officials came to his house, put him in police van forcibly and took him to Police Station Defence Area, Lahore where he was given severe beating with Dandas on account of which his arm was fractured. The petitioner having sustained serious injuries therefore, he was produced before the Punjab Police Surgeon showing as if there was police encounter in which the petitioner was aggressor and was injured. The Police Surgeon after examining the injuries told the police to take the petitioner to Mayo Hospital, Lahore as the injuries were severe and they were required to be operated upon. A Police Constable on the report of Surgeon wrote a note in which he undertook that the petitioner would be taken to Mayo Hospital and instead of getting him admitted in the Mayo Hospital, he was shown to have been arrested in cases F.I.R.No, 17/92 and 19/92 both of which were registered on 21-1-1992 one after the other as a counterblast to save their skin and sent to jail.
The jail authorities when noticed that the petitioner was in injured condition got him admitted in General Hospital, Lahore where he was operated upon and afterward granted bail in the said cases.
2. The report was called for in which indirectly the dispute over sewerage as alleged by the petitioner has been admitted. It has further been submitted that a case was registered against petitioner through F.I.R. No, 17/92 under section 506/452/354, P.P.C. on the complaint of respondent No,3 and when respondent No,2 went to the spot in connection with the inquiry of the said case the petitioner party attacked him on which a case through F.I.R. No,19/92 on his complaint was registered under section 353/332, P.P.C. According to the report and learned counsel for respondents 2 and 3 no F.I.R can be registered at the instance of the petitioner as the said two F.I.Rs, have already been registered and it is a case of mere counter-version of the same incident.
3. The petitioner submitted application to S.H.O Police Station Defence Area, Lahore for registration of case on 2-2-1992 immediatedly after having been released from the hospital on 1-2-1992 but his grievance was not redressed. In the report though it was stated that respondent No,2 also suffered injuries in the police encounter but according to medico-legal report they are such which creates doubt if the same could be sustained from the type of the attack attributed to the petitioner as they are just abrasions. This observation is tentative as the question relating to the said injuries is to be finally decided in the said two cases registered against the petitioner. Suffice it to say that the petitioner suffered injury at his arm which was fractured and he instead of being taken to Mayo Hospital as directed by the Police Surgeon, was in a doubtful manner put in jail and it was jail authorities which after finding that he was injured, took him to the General Hospital in the Emergency Ward. There is no hard and fast rule that no second F.I.R. can be registered in respect of different version of an incident or regarding an incident taking place on the same date on which another incident had already taken place.
4. Learned counsel for the petitioner has brought to my notice that since respondent No,2 is a police officer therefore report has been given to help him which is wrong and the other police officers like D.S.P are also favouring him who had given reports in his favour and the petitioner has been deprived of his right to get a case registered.
5. I am satisfied that it is a case where the allegations made by the petitioner did disclose prima facie a case of commission of an cognizable offence therefore under section 154, Cr.P.0 the respondent No,1 was bound to register a case. The refusal by respondent No,1 to register a case is against the law and cannot be sustained.
6. This writ petition is accepted. Respondent No,1 is directed to register a case on the statement in writing or oral as the case may be by the petitioner who shall appear before him.
7. Deputy Inspector-General of Police/Inspector-General of Police Punjab shall entrust the investigation of the case to Rana Abdul Wasay Khan, S.P. Crimes, Lahore who shall hold inquiry in accordance with law and proceed further as the law requires. The parties are left to bear their own costs.