1. ' This petition has been moved seeking the following reliefs:-- "(a) To issue necessary and appropriate orders/directions to the respondents to register a case/F.I.R. Of the petitioner regarding the unauthorized, illegal and mala fide criminal house- trespass and looting the articles and valuables shown in the schedule of property annexed to the petition by the respondent No,1, S.I.P. Adalat Khan and his five policemen of Police Station, Phuleli, Hyderabad duly identified by the petitioner.
(b) Cost of petition be borne by the respondents affidavit in support of the petition is filed herewith."
2. ' The contention of the petitioner is that on 18-11-1994 one Dr. Jamil lodged a report at the Police Station, Phuleli alleging that the brothers of the petitioner, namely, Muhammad Akhtar and Muhammad Yousuf alongwith other co-accused Shahid Qureshi and Javed Qureshi had made direct ineffective firing upon him, his friend Muhammad Azhar and his elder brother with T.T. Pistols and thus damaged the window glasses and screen of a car belonging to some outsider, which was parked there. It is alleged in the memo. Of petition that on 21-11-1993 at about evening time the respondent S.H.O. And S.S.P. Accompanied with five policemen trespassed in the house of the petitioner and started searching the house for the said brothers of the petitioner. The petitioner and her another sister resisted such acts of the respondents, who are alleged to have removed their articles and thus committed the act of robbery and theft. It is for these reasons that the present petition has been filed seeking relief of the direction that the F.I.R. Be registered against the respondents.
3. ' The S.H.O. Adalat Khan of Police Station, Phuleli is present today and has placed on record a statement duly signed by him alongwith the F.I.R. In Crime No,61/94 under section 324, P.P.C. Read with section 427/34, P.P.C. Pertaining to the same incident reported by Dr. Jamil as mentioned in the petition. The learned A.A.-G. Has submitted that this is an attempt by the petitioner to pre-empt the investigation in the case against her brothers. He has submitted that the F.I.R. Was admittedly lodged on 18-11-1994, much before the petition was filed and ever since then the concerned police officials had been making attempt to arrest the accused persons. The learned A,A.-G. Has further pointed out that the said two brothers of the petitioner have already been granted interim pre- arrest bail, but in spite of that they have failed to cooperate with the prosecution; agency and they intend to move for cancellation of their bail.
4. Be that as it may, we have considered the facts as mentioned in the petition and the documents placed on record by the respondent No,1 . It is an admitted position that the two brothers of the petitioner are named in the F.I.R. Which is almost one week before filing of this petition and that they have already been granted interim pre-arrest bail. It is obvious that in case such direction, as prayed is given, the hands of the prosecution agency would be tied and they will be put on defence rather than to permit them to investigate into a cognizable case registered at the police station.
5. The above fact also goes to show that the present petition has been filed with mala fide intention to cause hindrance in the investigation of the case registered as above, In these circumstances, the direction under section 154, Cr.P.C. Cannot be given. Reliance is placed on the case of Wazir Ahmed v. S.H.O., Police Station Kalhoro 1990 PCLU 2006. The petitioner has an alternate remedy of filing of the direct complaint.
6. ' In these circumstances, we find no force in this petition, which is accordingly dismissed. However, it shall be open for the petitioner to institute a direct complaint, if so desired.
7. Petition dismissed.