CH. GHULAM SARWAR, J Shahamand Ali accused in case FIR No. 140 of 1992 registered under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at police station Gogera, district Okara, has filed this writ petition praying for the quashment of the above said FIR on the ground that this was registered after one year of the alleged occurrence and when the abductee Mm. Bashiran Bibi had filed a suit for dissolution of marriage against her husband. Jehangir son of Tharaj and the registration of the case was based on mala fide and was a countor blast to the civil suit filed in the Family Court for the dissolution of her marriage. Mst. Bashiran Bibi herself appeared in this Court and categorically stated that she has neither been abducted nor was being subjected to any Zina-bil-jabr. She herself left the house of her husband as she was being subjected to forture by him. Learned counsel relied upon Byram D. Avari and 3 others v. The State and 4 others (PLD 1989 Peshawar. 145) and Sakina Bibi and another v. The State (1986 P. Cr. L.J. 1089) and submitted that the functionaries sitting in police stations do come within the purview of Article 199 of the Constitution. They are most certainly, persons connected with the affairs of the centre of the provinces amenable to the directions issued by High Court under the Constitution. Their actions are also in no case sacrosanct so as to be excluded from judicial scrutiny.
2. Learned counsel appearing on behalf of the State has no objection to the quashment of the FIR in view of the statement of Mst. Bashiran Bibi abductee of this case.
3. I Therefore, order that FIR No. 140/92 dated 5-6-1992 filed by Jehangir son of Theraj against the petitioners shall stand quashed.