ORDER CH. KHURSHEED AHMAD, J.- The petition for bail arose out of F.I.R. No.74/94 registered at Police Station Massan District Jhang by Mr. Anwar Baig ASI of the said Police Station on the basis of written application of Shams-ud-Din s/o Ibrahim. The offences alleged in the F.I.R, were u\s 10/16 Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. It was alleged in the application by Mr. Shams-ud-Din that he was resident of Chund Bharwana District Jhang and was a labourer. His marriage was effected with Mst. Kausar Bibi about two months earlier to the making of the application and that Kausar Bibi was happily performing her marital obligations. Shafiq s/o Sultan and Munir s/o Sultan who used to visit their house and were known to the complainant came to his house on the day of occurrence at about 7/8.00 pm and abducted Kausar Bibi, his were with the connivance and actual help of Mst. Raza Bibi were of Anwar. Kausar Bibi was taken on a wagon to Jhang Saddar and therefrom she was taken to some unknown place. While they all were boarding a wagon, they were seen by Jiwan s/o Karim Bakhsh, Muhammad Aslam s/o Khan Mohammad and Rana Taj Mohammad Rs/o Chand Bharwana.
Having received information from them he had made prayer for redressal. It was further alleged in the application that as the persons named as accused in the application had taken away ornaments valuing Rs.12000/-, cash amounting to Rs.5000/- and valuable clothes the same be also got recovered. The present petitioners Kausar Bibi and Muhammad Shafiq were arrested and incomplete report under section 173 Cr.P.C, was filed in Court.
3. Application for grant of bail was filed in the Court of Sessions at Jhang which was heard and dismissed by Manzoor Hussain Malik Additional Sessions Judge on 19.7.1994. Hence this petition.
4. After perusal of the F.I.R, and the order of rejection of bail, Notices were issued on 26.9.1994, and on the next date of hearing I .Felt the necessity of summoning a "Mehram" of petitioner No. 1 to ensure that in case the bail application was granted, the lady is accompanied safely by a'"Mehram'1 as ordained by Shariat. On 17.10.94 Saeed, the father of petitioner No.1 appeared in court. He had submitted on that date that he had, in fact, married Kausar Bibi his daughter to one Muhammad Shafiq in January, 1994.
5. Mr. Ahmad Adnan SHO PS Massan who was present with the case i.e was directed to look into the matter, verify the averments of earlier Nikkah of Kausar Bibi with Muhammad Shafiq petitioner No.2.
He was also directed that he should i.e his written report based on the new facts brought to his notice.
6. I had also directed the personal presence of Anwar Baig ASI who had registered the first information report on 4.4.1994 on the basis of application of Shams-ud-Din and had filed incomplete report under section 173 Cr.P.C, in lower court on 23.4.1994.
7. Mr. Anwar Baig ASI is present in court today. He shall be separately heard and his matter shall be decided.
8. I have heard the learned counsel for the petitioners, learned counsel for the State and also the learned counsel appearing on behalf of Shams-ud-Din complainant The learned counsel for Shams-ud-Din complainant supports the averments made in the application on the basis of which the F.I.R, was registered. He has submitted that the alleged Nikkah with Shafiq petitioner No. 2 was fictitious and was subsequently manipulated in the Nikkah Nama by father of the girl. He submits that as Shafiq and Kausar Bibi had been living together, indulging in Zina, they were not entitled to any relief what-so-ever.
9. Mr. Ahmad Adnan SHO PS Massan has submitted his written report I have also gone through the i.e of the case. Sher Ali Nikkah Khawan, Shamir Khan and Muhammad Siddiq witnesses of Nikkah of Kausar Bibi with Shafiq petitioner are present in court and they have stated in court that the Nikkah was in fact solemnized at Basti Mai Heer Jhang Saddar and that, as per Saeed the father of the girl, Shams-ud-Din forcibly abducted Kausar Bibi, made a Nikkah Nama though Kausar Bibi was earlier married and indulged in zina-bil-jabr with Kausar Bibi and having exercised influence with Anwar Baig ASI got a false case registered.
10. In view of the written report filed in the court today by Mr. Ahmad Adnan, SHO PS Massan, I convert this application under section 497 Cr.P.C. Into one for quash ment of the F.I.R. The learned counsel appearing on behalf of the State has submitted that his duty was to assist the court and not to take sides with any of the contesting pai ties but he would seek his guidance, in assisting the court, from the record of the case and the written report of the SHO who represents the case of the State presently.
11. In view of the above, case F.I.R. No. 74/94 registered at PS Massan District Jhang on 4-4-1994 is declared to be false, vexatious and frivolous. The petitioners incarcerated in judicial lock ups for the last six months, have been suffering only due to the mala fides of Anwar Baig ASI in the case who even did not got his investigation supervised by his S.H.O, or by any other gazetted officer.
12. Resultantly, the F.I.R, is quashed and proceedings subsequent to the registration of the F.I.R, are declared to be without lawful authority and of no legal effect. The petitioners shall be released forthwith if no required in any other case.