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1997 P Cr. L J 864

MALIK KHAN BAIG vs STATION HOUSE OFFICER, POLICE STATION NAWAN

Citation1997 P Cr. L J 864
CourtLahore High Court
Case No.Writ Petition No,8380/Reg. of 1996
Date1996-12-11
Judge(s)Raja Muhammad Khurshid
ResultPetition dismissed

ORDER

' This writ petition is filed by the petitioner for registration of a case against respondents Nos.2 to 6 for an occurrence which allegedly took place as a result of the theft of a buffalo belonging to one Muhammad Shafi son of Karim Bakhsh, caste Langrial about fifteen days prior to the said occurrence. The facts are that the petitioner has a "Wasda" namely Allah Ditta who is residing with his family members at his lands in village Khanpur, Tehsil Kabirwala, District Khanewal. The suspicion was expressed against Mazhar son of Allah Ditta to have stolen the buffalo. The petitioner intervened and handed over his two buffaloes to Mehar Mushtaq Ahmad son of Muhammad Amir for getting a decision that the aforesaid Mazhar was innocent. The meeting in that respect was to be held at the "Dera" of Mehar Mushtaq Ahmad on 4-12-1996 but since Mehar Mushtaq Ahmad was not available on that day, therefore, respondents Nos.2 to 6 maltreated Allah Ditta and took him into illegal detention. The petitioner approached Muhammad Ramzan, A.S.-I. Of Police Station Nawan Shehr and told him the whole story, whereupon, Allah Ditta was allegedly set at liberty and he returned to his house. However, respondents Nos.2 to 6 while variously armed maltreated womenfolk of aforesaid Allah Ditta as detailed in para. No,4 of this petition. They also took away Allah Ditta and Mazhar with the threats that they will finish them. The petitioner went to the police station concerned and also approached S.D.P.O., Kabirwala but without any effect. He made a petition to the D.I.-G., Multan Range, Multan, the copy of which is placed on record as Annexure "A" in which he requested for the registration of case against respondents Nos.2 to 6, however, no action was allegedly taken. Hence this petition.

2. I have considered the foregoing facts and find that since a petition is already pending before the D.I.-G., Police Multan Range, Multan, therefore, it will be just and proper if he is directed to dispose of the said petition on merits quickly. A copy of the writ petition and the copy of the complaint (Annexure "A") be sent to the D.I.-G., Multan Range, Multan for taking a decision in the matter under reference. Even otherwise, an equally efficacious and effective remedy is available to the petitioner under section 190, Cr.P.C. Which can be first availed and exhausted before invoking the Constitutional jurisdiction of this Court. The Magistrate taking cognizance of the complaint may make an order under section 202, Cr.P.C. For enquiry or investigation by the police to redress the grievance of the petitioner. The writ petition being premature is dismissed in limine.

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