' The petition for bail arose out of F.I.R. No,74/94, registered at Police Station Massan, District Jhang by Mr. Anwar Baig, A.S.I. Of the said Police Station on the basis of written application of Shams-ud- Din son of Ibrahim. The offences alleged in the F.I.R. Were under section 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 a 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 son of Sultan and Munir son of Sultan who used to visit their house and were known to the complainant came to his house on the day of occurrence 7/8- 00 p.m. And abducted Kausar Bibi, his wife with the connivance and actual help of Mst. Razia Bibi wife of Anwar. Kausar Bibi was taken on a wagon to Jhang Saddar and from there she was taken to some unknown place. While they all were boarding a wagon, they were seen by Jiwan son of Karim Bakhsh, Muhammad Asiam son of Khan Muhammad and Rana Taj Muhammad resident of Chund 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,12,000 cash amounting to Rs,5,000 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.
4. Application for grant of bail was filed in the Court of Session at Jhang which was heard and dismissed by Manzoor Hussain Malik, Additional Sessions Judge, Jhang on 19-7-1994. Hence this petition.
5. 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" as ordained by Shariat. On 17-10-1994 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.
6. Mr. Ahmad Adnan, S.H.O., Police Station Massan who was present with the case file was directed to look into the matter, verify the averments of earlier Nikah of Kausar Bibi with Muhammad Shafiq petitioner No,2. He was also directed that he should file his written report based on the new facts brought to his notice.
7. I had also directed the personal presence of Anwar Baig A.S.I. 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.
8. Mr. Anwar Baig, A.S.I. Is present in Court today. He shall be separately heard and his matter shall be decided.
9. I have heard the learned counsel for the petitioners, learned counsel for the State and also the learned counsel appearing on behalf of Shams-udDin 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 Nikah with Shafiq petitioner No,2 was fictitious and was subsequently manipulated in the Nikahnama 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 whatsoever.
10. Mr. Ahmad Adnan, S.H.O., Police Station Massan has submitted his written report. I have also gone through the file of the case. Sher Ali Nikah Khawan, Shamir Khan and Muhammad Siddiq witnesses of Nikah of Kausar Bibi with Shafiq petitioner are present in Court and they have stated in Court that the Nikah 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 Nikahnama though Kausar Bibi was earlier married and indulged in Zina-bil-Jabr with Kausar Bibi and having exercised influence with Anwar Baig A.S.I. Got a false case registered..
11. In view of the written report filed in the Court today by Mr. Ahmad Adnan, S.H.O., Police Station Massan, I convert this application under section 8 497, Cr.P.C. Into one for quashment 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 parties but he would seek his guidance, in assisting the Court, from the record of the case and the written report of the S.H.O. Who represents the case of the State presently.
12. In view of the above, case F.I.R. No,74/94, registered at Police Station 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, A.S.I. In the case who even did not get his investigation supervised by his S.H.O. Or by any other gazetted officer.
13. 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 D legal effect. The petitioners shall be released forthwith if not required in any other case. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.