' The present petition was submitted for issuance of a direction to S.H.O. Police Station Noor Shah to register a criminal case against Farooq Ahmad and Bashir Ahmad.
2. Sikandar, a brother of the petitioner while going on a bicycle was hit by a vehicle on 12-11-1996.
Case F.I.R. No,539 of 1996 was registered at Police Station Noor Shah for offence under section 279/337-C, P.P.C. Against Muhammad Sadiq who allegedly was driving Car No,4292/Karachi.
Sikandar subsequently succumbed to injuries received and offence under section 320, P.P.C. Was added to the case. Petitioner's case is that car was driven by Farooq and Bashir was sitting on the front seat and Sikandar was hit intentionally by Farooq and as such the police was bound to register a case in terms of the complaint made by the petitioner. By order, dated 19-12-1996, S.H.O.
Police Station Noor Shah was called upon to submit report and parawise comments. Comments have been submitted according to which the aforementioned case was investigated into by Deputy Superintendent of Police/S.D.P.O. Saddar Sahiwal and he had found that car was being driven by Muhammad Sadiq who had been declared guilty for the offence. It has further been submitted that Deputy Superintendent of Police concluded that petitioner wanted to implicate Muhammad Bashir and Farooq in the case on account of previous enmity between the parties. It has also been pointed out that challan of the case has already been sent to the Court of trial.
3. Learned counsel for the petitioner has controverted the report submitted by the S.H.O. Police Station Noor Shah and contended that there was evidence in possession of the petitioner which showed that it was Farooq who had run the car over his brother Sikandar and police in order to shield Farooq who was a police functionary had wrongly shifted the liability to the shoulder, of Sadiq.
4. Since the police after investigation of the case has rejected the version of the petitioner, a direction as being prayed for may not bring about the required results. The petitioner may file a private complaint against the accused which is an equally efficacious remedy particularly when all the evidence required to prosecute the accused is already in possession of the petitioner.
5. The petition is disposed of.