The petitioners have alleged in the petition in hand that they had some dispute with the relatives of A.S.I. Fazal Elahi, respondent No.2, who is posted at Police Station, Kalu Khan, District Swabi, that at the instance of respondent No.2 the house of the petitioners was raided by the police party, consisting of 40/50 Police Officials, on the false pretext that they were harbouring the proclaimed offenders. The police party entered the house, opened the locks of different rooms, disgraced the female/children and stole golden ornaments weighing 7 1/2 'Tolas' and took away hard cash amounting to Rs.21,000. In addition, they also took into their possession two licensed pistols and a gun. The matter did not end there. They also registered several false F.I.Rs. Against petitioner No.1, the father of petitioners Nos.2 to 6, who are all Government servants and are working at Islamabad.
2. It has been alleged that petitioner No.1 then approached respondent No.4, D.I.-G. Police, Mardan Division, Mardan and the matter was brought to his notice. The D.I.-G. Enquired into the matter and it came to light that all the allegations against the petitioners were baseless. Resultantly, the D.I.-G.
Issued directions that all the cases registered against the petitioners, a. Chura, Police Station be cancelled. The needful was done and the cases were cancelled by respondent No.5, the Illaqa Magistrate.
3. The petitioners have further alleged that respondents Nos.1 to 3 have committed heinous offence inasmuch as they have raided the house of the petitioners, without any rhyme or reason, disgraced their womenfolk and have stolen their property. That the police action has defamed the petitioners in the public and their reputation has been damaged greatly. According to the petitioners since respondents Nos.1 to 3 have not only trespassed into their house but have also stolen golden ornaments/cash amount and are thus guilty of committing dacoity too. They have, accordingly prayed that respondents' (Nos.1 to 3) actions be declared as illegal and without lawful authority and a direction be issued to register a criminal case against them.
4. Mr. Khalil Yousafzai, Advocate, learned counsel for the petitioners present and heard. Record of the case perused.
5. Admittedly the petitioners' house was raided and cases were registered against petitioner No.1.
Later, when the petitioners approached the D.I.-G., Mardan he enquired into the matter and issued directions that the cases falsely registered against the petitioners be withdrawn. In consequence thereof the Illaqa Magistrate cancelled the cases in question.
6. In the circumstances we are of the view that the main grievance of petitioners has already been redressed by the D.I.-G., Police. Regarding the second grievance of the petitioners that their family members were disgraced. Locks of their rooms broken, boxes opened and golden ornaments/cash amount stolen by the raiding party, we are of the view that in this respect evidence shall have to be recorded. Such issues cannot be resolved by this Court in the exercise of its writ jurisdiction under Article 199 of the Islamic Republic of Pakistan. 1973.
7. Regarding the prayer of the petitioners for registration of case/F.I.R. Against respondents Nos. l to 3 it would suffice to say that there is nothing o" the file to suggest that the petitioners had approached the relevant authorities for the redress of their grievance and that their prayer had been turned down. If the D.I.-G. Could, on their application, order the cancellation of the various F.I.Rs. Registered against them (petitioners), then in that case if they had approached him he could also issue order for the registration of case against respondents Nos. l to 3 under the relevant provisions of law, specially when the D. I.-G. In his letter No. 161 dated 24-3-1996 addressed to the Senior Superintendent ofPolice has mentioned as under:--- "Please take departmental action against all the concerned Police Officials, for wrongfully registering cases under section 16 A.O. When the arms were recovered from the house during the raid. "
8. In the circumstances, we hold that this writ petition is not only mis--conceived but is also without any substance. The same is accordingly dismissed in limine.