' In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, both the petitioners, who are father and son inter se, have prayed for the issuance of a writ/order in the nature of mandamus to the respondent S.H.O. For the registration of a case against accused persons. Their case is that in the evening on 25-3-1989 at about 5-30 P.M. Zafar Iqbal petitioner was met by a bearded pathan who stopped him at about 5-30 P.M. When he had reached at the back of wagon stand, located towards Sheikhupura Road, Gujranwala. The said bearded person made him unconscious. On regaining consciousness he found himself at some unknown place in the custody of four persons whose names are not known but they can be recognized by him. While in the custody of the unknown persons he was subjected to cruelty, his body was charred with cigarette-butts and they also coerced him to advise his father, Mumtaz Hussain petitioner, to hand over the possession of a part of the plot situated near bus stop at G.T. Road, Gujranwala where both the petitioners have been carrying on business under the name and style of Gujranwala- Karachi Goods Transport Company (Regd.) or in the alternative to pay a sum of Rs,3 lacs to them.
He was forced to ring up his father on 27-3-1989 in order to communicate the said message of the accused so that has life is spared by them. He managed to escape from the illegal custody of the said unknown persons during the night falling between 27/3 and 28/3 of 1989. In the morning of 28- 3-1989, the petitioner succeeded in stopping a truck driver who agreed to drop him near Mardan informing him that the place where he stopped him, was Bajaur. He was dropped at approximately 51 kilometres out of Mardan, reached Mardan by a bus and contracted a police official, there. He was taken to Police Station Mardan A-Division and thereafter the Gujranwala Police brought him to Gujranwala. His father had informed the local police of P.S. Sabzi Mandi, Gujranwala about his disappearance since 5-00 P.M. At about 9-00 P.M. On the very date. His father had also expressed his apprehensions that in view of the tussle between the petitioners and private respondents herein, it was almost certain that the opposite faction of the petitioners may be responsible for disappearance of his son, Zafar Iqbal petitioner. Both the petitioners have been persistently requesting the official respondents to register a case and had also made written requests to them through applications, dated 27-3-1989, 28-3-1989, 2-4-1989 and 5-4-1989 but still the grievance of the petitioners has not been redressed. Alleging that the local police is in league with the accused persons who wield great influence in the locality, they have instituted the present Constitutional petition.
2. Deputy Inspector-General of Police, Gujranwala Range and Senior Superintendent of Police; Gujranwala have submitted their report and parawise comments stating therein that application, dated 27-3-1989 submitted by Mumtaz Hussain petitioner alleging abduction of his son Zafar Iqbal petitioner by Akbar Khan and his father Khasta Khan etc. Was looked into by the Inspector/S.H.O., P.S. Sabzi Mandi, Gujranwala under rule 24.4 of the Police Rules, 1934. The enquiry was going on when the complainant came up with a statement that the had received a message from Mardan police to the effect that his son Zafar Iqbal was in their custody at Mardan and that he should take him along: A.S.I. Muhammad Akbar Baig was sent to Mardan to find out the factual position. On enquiry it transpired that Zafar Iqbal had himself reached the police station and told them that he was fearful of some untoward happening at the hands of the local Pathans and therefore he should be provided refuge. Zafar Iqbal was also present there in neat and clean clothes. He was escorted to Gujranwala where he was thoroughly interrogated. It was concluded by the Inspector ...That Zafar Iqbal himself went to Mardan obviously to involve the respondents in a false case of abduction. His report was verified by D.S.P./S.D.P.O. City; Gujranwala and the result of the enquiry was recorded in the Daily Dairy vide entry No,7, dated 2-4-1989 (photo copy attached)'.
Respondents Nos.7, 8, 9, 11 and 12 have also submitted their written statement pleading that a false story was planted just to blackmail them and that the matter having been looked into by the local police and all the allegations having been found to be false and without any substance, the present petition is not maintainable ...As the petitioners have an independent remedy of filing private complaint in the competent Court for their redress'. Similar written reply has been received on behalf of Respondent No,10.
3. I have heard the learned counsel for the parties and also perused the available material. A perusal of Daily Diary No,7, dated 2-4-1989 shows that during the enquiry under rule 24.4, the respondent Inspector/S.H.O., P.S. Sabzi Mandi did record the statements of respondents Akbar Khan, Muhammad Ali, Hafeezur Rehman, Muhammad Yousaf, Muhammad Arshad alias Bhola, Khasta Khan as also Muhammad Javed and after taking into account the registration of two criminal cases under section 427/506, P.P.C.. Vide F.I.R. No,469, dated 6-12-1988 and under section 440/336/148/149/427, P.P.C. Vide F.I.R. No,123, dated 8-3-1989 at P.S. Sabzi Mandi, Gujranwala against the petitioners' side as well as under section 307, P.P.C. Vide the afore-referred, F.I.R. No,123, dated 8- 3-1989 against respondent Akbar Khan and others, further referring to the preventive actions taken by local police against the parties relatable to the disputed truck stand under section 107/151 and section 145, Cr.P.C. As also the pendency of civil litigation between them in relation to the possession of disputed truck stand as well as residential house initiated respectively by Akbar Khan respondent and Hafeez-ur-Rehman respondent against the petitioners, it was concluded on 1-4- 1989 that the said application, dated 27-3-1989 was a crude attempt on the part of the petitioners to involve the respondents in a false case of abduction. The report of the Inspector/S.H.O., respondent No,6 was verified by D.S.P./S.D.P.O. City Gujranwala on 2-4-1989. Learned counsel for the petitioners was F of theview that the proceedings conducted by the local police on application, dated 27-3-1989 are of no consequence in that the commission of a cognizable offence was made out in the application itself. According to him, the local police should have proceeded with the registration of a case and held enquiry/investigation after bringing Zafar Iqbal petitioner from Mardan and as the said course was not adopted by them, therefore, they can be mandated to proceed in the cause in accordance with law even at this juncture. I am afraid the contention has little merit in that the I al police have not been shown to have proceeded with the enquiry into the application dated 27-3-1989 under rule 24.4 of the Police Rules, 1934 without any justification. Even the pendency of criminal cases and civil litigation between the private parties as also the taking of preventive action by the local police against the parties, has not been controverted on behalf of the petitioners. In the facts and circumstances of the instant case, I am not inclined to the view that the only remedy available to the petitioners is to ask for the registration of a case against the private parties. The matter having been enquired into by the local police and they having reached a conclusion that the allegations are false, the petitioners can hardly expect any favourable decision by them, anew. I do not consider it a fit case or issuing the direction prayed for.
Resultantly, this petition is dismissed with to order as to costs. Writ Refused.