' Applicants' Constitutional petition bearing W.P. No,2576 of 1993, seeking quashment of a case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at the instance of Muhammad Hanif, father of applicant Mst. Nooran Bibi, at P.S. Hujra Shah Moqeem, Tehsil Depalpur vide F.I.R. No,23 of 1993 dated 28-1-1993 as also for issuing a direction to the local police not to harass them, was dismissed on account of their non-appearance on 12-5-1993. It was further observed that the earlier direction dated 10-3:1993 to the local police not to arrest them, was no more efficacious and that ...the Investigating Officer is at liberty to complete the investigation in accordance with law'. They have filed this application under Order IX, Rules 8 and 9 read with section 151, C.P.C. for restoration of Writ Petition No,2576 of 1993 and for its disposal on merits.
2. According to the applicants, they did come to attend the Court on 12-5-1993 but were deterred from entering the premises of High Court as the father of applicant Nooran Bibi as also his relatives `...had cordoned all the doors of High Court compound...' It has also been pleaded that their written request dated 9-5-1993 made to the S.H.O., P.S. Hujra Shah Moqeem for providing them with police help to facilitate their appearance in Court on 12-5-1993 was not granted which fact also resulted in their non-appearance on 12-5-1993.
3. Order dated 12-5-1993 was passed in the presence of Mr. M. Abdus Samad Hashmi, Advocate for the writ petitioners after making out the second call at his request. Mr. M. Abdus Samad Hashmi, Advocate was also aware of the disposal of the Constitutional petition of Muhammad Hand, complainant of case F.I.R. No,23 of 1993 on the same date when Izzat Beg, D.S.P., C.IA. Okara referred to the removal of all hurdles in his way to effect the arrest of the accused in the said case with the dismissal of Writ Petition No,2576 of 1993 and undertook to finalise the investigation 'in accordance with law'. Learned counsel for the applicants was asked whether his clients have obtained bail from the Sessions Court, Okara, after the dismissal of Writ Petition No,2576 of 1993 and the disposal of Writ Petition No,.2938 of 1993, and he gave an answer in the negative with the further explanation that they contacted him to file the instant petition and have the injunctive order dated 10-3-1993 restored from this Court, therein. According to him, the applicants did not surrender in the case in the hope that their writ petition might be restored.
4. I have considered the arguments addressed by the learned counsel in support of this application. It appears that the applicants are avoiding their arrest in case. F.I.R. No,23 of 1993. It is not the case of the applicants that they did not come to know about the dismissal of their petition on account of their non-appearance on 12-5-1993. After 12.-5-1993 they did not approach the Sessions Court, Okara for bail. Both the applicants are fugitives from justice. In this view of the matter, I am not inclined to recall order dated 12-5-1993.
' The applicants may, if so advised, approach the Sessions Court, Okara for available relief, according to law.
' With the above observation, this application stands disposed of.