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1995 P Cr. L J 967

HAFIZ AHMAD vs THE SUPERINTENDENT OF POLICE, DISTRICT LAYYAH and

Citation1995 P Cr. L J 967
CourtLahore High Court
Case No.Writ Petition No,5576 of 1994
Date1995-02-22
Judge(s)Ch. Muhammad Nasim
ResultPetition dismissed

ORDER

' Hafeez Ahmad petitioner has filed this writ petition to get registered the criminal case against the Police Officers namely Anwar Bhatti, S.H.O. Police Station Chowk Azam, Muhammad Afzal, H.C. Police Station Chowk Azam and Waris Shah, A.S.I., Police Station Chobara. According to Hafeez Ahmad petitioner during the Ramazan falling in February, 1994 the aforesaid Police Officers wanted to get his car and that on his refusal two days before the relevant Eid-ul-Fitr he was taken forcibly along vith the car and was belaboured and humiliated when he had to pay Rs,1,000 as bribe which afterwards was returned. He got himself medically examined. After about 25 days he was stopped by Waris Shah, A.S.I. Who took into his possession his car on the ground that the same was stolen one. Again he was humiliated and tortured and his car was returned after six days from which the tape-recorder was removed. On his application made to the Superintendent of Police, Layyah the D.S.P. Legal recorded his statement, but no enquiry was made afterwards. On the night falling between 22/23-10-1994 an armed dacoity was committed in his house when an amount of Rs,5,000, .222 rifle, one wrist watch and other things of the house were forcibly removed. The petitioner expressed the suspicion that it was done at the instance of the aforesaid Police Officers.

According to the petitioner on the night falling between 15/16-11-1994 Hanif and Tausif owners of the land under his lease removed a peater installed at the land who desired to get registered the case against him. He moved the Superintendent of Police and the S.H.O. Police Station Chowk Azam for the registration of the case against Hanif and Tausif but of no avail. Consequently he prayed for the registration of the case against the aforesaid Police Officers/respondents Nos.2 to 4 on the above facts.

2. The comments have been received from the present S.H.O. Police Station Chowk Azam/respondent No,5. Hanif and Tausif respondents Nos.6 and 7 have also submitted the rejoinder.

3. I have heard the preliminary arguments addressed by the learned counsel for the petitioner as well as learned counsel for respondents Nos.6 and 7. The contention of the learned counsel for the petitioner is that the cognizable offences are made out against the Police Officers/respondents Nos.2 to 4 and the case may be got registered. I do not agree with him. The present S.H.O. Police Station Chowk Azam/respondent No,5 has narrated in the comments that nobody has contacted him in the matter. As rightly expressed by the learned counsel for respondents Nos.6 and 7, to absolve himself of the allegation of theft of peater, the petitioner has coined and cooked up the story. I am not at all impressed by the recitals of the writ petition and I hold that no order for the registration of the case need be passed. However, the petitioner shall have the right to file the private complaint, if desired and advised.

4. I, therefore, dismiss this petition in limine.

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