' One Fida Hussain lodged F.I.R. No,307/88 under sections 10, 11 and 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 307/34, P.P.C. at P.S. Dunyanpur alleging that Begum Mai petitioner herein, is wife of his brother Ghulam Haider. She eloped with Habib her paramour and Ramzan alias Mani on 8-12-1988. Ghulam Haider pursued and challenged them whereupon Habib fired at him hitting him in his abdomen and decamped.
2. Mst. Begum Mai applied for pre-arrest bail in the case which was granted by this Court on 5-3- 1989. Her plea before the Court was that she was not an accomplice with Habib etc. in the case because she was being taken away forcibly by the accused persons mentioned above, at the relevant time.
3. It appears that because Mst. Begum Mai has been challaned alongwith other accused to Court in the aforementioned criminal case, therefore, the instant petition has been moved contending that the F.I.R. so far it relates to the petitioner should be quashed in view of Begum Mai's statement that, she was forcibly abducted by Habib and Ramzan at the time of occurrence and furthermore, that in bail granting order dated 9-4-1989 it had been observed that Begum Mai should not be challaned rather she should be made a P.W. in the case.
4. I have considered the contentions and also perused the order dated 9-4-1989 passed by my learned brother A.M. Tiwana, J., granting pre-arrest bail to Begum Mai. His Lordship in the said bail granting order had observed as under: "In these circumstances the prosecution might consider the advisability of citing her as a prosecution witness instead of arraying her as a co-accused."
The observation is obviously in the nature of a suggestion and not a direction and, therefore, it is not correct to say that the police has been prohibited by this Court from challaning the petitioner.
The truth or otherwise of stance taken up by the petitioner would be adjudicated by the trial Court on consideration of the evidence adduced by the parties before it. This Court would not pre-empt that function of the trial Court. Consequently the petition is hereby dismissed in limine being devoid of merit.