' This petition is moved by Mst. Sarwat Bano for the registration of a criminal case under sections 302/34 and 148/149, P.P.C. Against respondents Nos. 6 to 10 on the ground that her husband Khalid Saeed was killed on 25-12-1997 in an occurrence reported by Muhammad Khan vide F.I.R. No,463, dated 25-12-1997 at Police Station, Dichkot, District Faisalabad. In this connection, it is contended that a case against the killers of aforesaid Khalid Saeed was not registered by the police although in fact the complainant party was aggressor, instead of accused party i,e, deceased Khalid Saeed and others.
2. A report about the occurrence was called for from the S.S.P and D.S.P., Faisalabad who have submitted that according to the F.I.R., the, complainant Muhammad Khan reported that the deceased Khalid Saeed had come to commit the occurrence along with others and actually made fire with .222 gun but the fire missed. In the meantime Qazi Khalid alias Saifullah fired a burst thereby killing aforesaid Khalid Saeed on the spot. Thereafter, the other accused started firing.
3. It is submitted in this petition that murder case was registered against the deceased and others for the death of Qazi Khalid alias Saif Ullah from the complainant side but no case was registered against the complainant side for causing death of aforesaid Khalid Saeed.
4. As pointed out above, in the comments the concerned police has submitted that during the investigation , the complainant side was found aggressor and no proof was given by the present petitioner that they were the victim of aggression as claimed in this petition. In this regard, it was alleged that Writ Petition No,211/98 was filed by Shaukat Ali, a brother of Khalid Saeed deceased which came up for hearing before my learned brother Dr.Khalid Ranjha, J. (as he then way), but the same was dismissed on the ground that a detailed report was submitted by the police before him that during inquiry made at the spot nobody appeared to support the version of the brother of the deceased. It was further assured to the Court that if anybody appeared to substantiate the contention made in the aforesaid writ petition, the matter will be considered on its merits. However according to the report submitted in this petition by the police, no one appeared to support the counter-version put up by the brother of the deceased namely Shaukat A' afore named or the present petitioner. Final report under section 173, Cr.P.C. Has been sent to the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) , Act, 1979, Faisalabad Division Faisalabad where the case is pending trial. I have such a situation, no action would be called for on this petition because other equal efficacious remedy such as criminal complaint etc. Is available to the petitioner to prove has contention. This petition is according' to dismissed.