' The petitioner through the instant Constitution petition seeks a direction to respondent No,2 to register a criminal case against Muhammad Ramzan, A , Muhammad Ilyas, A.S.-I. And other Foot Constables of Westridge Police Station on the alleged ground that the said police officials caught hold of the petitioner alongwith his Tractor-Trolly and gave him merciless beating for his refusal to offer them illegal gratification. The petitioner has also alleged in the petition that the aforesaid police officials also resorted to firing at the petitioner with fire-arms and injured the petitioner. It has been alleged in the petition that the aforesaid illegal acts on the part of the said police officials constituted cognizable offences against the said police officials. The petitioner has further alleged that with a view to doing justice to him by registering a criminal case against the delinqueat police officials the petitioner approached respondents Nos.! And 2 but that the said respondents paid a deaf ear to the petitioner's request made for the purpose as they were in league with the concerned police officials and were affording them full protection for their illegal acts. The petitioner's learned counsel Malik Rab Nawaz Noon in this background of facts has approached this Court for the aforestated direction to register a criminal case against the abovenamed police officials.
2. Having heard Malik Rab Nawaz Noon, learned counsel for the petitioner at some length, I do not feel persuaded to direct the registration of the case against the abovenmaed police officials as I am convinced that the registration of the case against the police officials notwithstanding the same is ultimately going to be an exercise in futility. For this view of the law which I take I am fortified by the legal position enunciated in Mst. Bashiran Bibi v. S.H.O., Police Station Shorkot and another PLD 1978 Lah. 1323 in which his Lordship Mst. Justice Muhammad Afzal Zullah, as his Lordship then was, came to the conclusion that directing registration of a criminal case by the police against the police officials is not an effective remedy for the purpose of the person aggrieved as the police officials who in such an eventuality would be investigating the case against their own fellow colleagues would frustrate and defeat the case in the very first few Zimnies which the police is bound to record. His Lordship in the circumstances, therefore, was driven to the conclusion that in a situation such as this, the best course is to direct the person aggrieved to file a private complaint before the Court of competent jurisdiction as in his Lordship view, this way, the complainant shall be in a much happier position to control the proceedings of the case before the Criminal Court as opposed to the aforesaid position where he shall be a helpless spectator thrown at the whim and the will of the hostile police officials. Much water has flowed undermeath the bridges since the year 1978 but there has been no improvement in the working of the police hierarchy. Their methods of operation where they become interested and biased continue to be as crued and ruthless as they were way back in 1978. Respectfully following the law as laid down in PLD 1978 Lah. 1323 (supra) I am, therefore, of the view that it shall be in the best interest of the petitioner to direct him to file a private criminal complaint in a Court of competent jurisdiction and to seek justice for himself rather than running after the police and begging for justice from them.
Even if a criminal case is directed to be registered against the police officials by this Court it has now been well-settled by a preponderance of judicial pronouncements that this Court cannot assume unto itself the role of an investigator or to control and regulate the investigation by and at the hands of the police. When such is the situation, the most efficacious remedy for the petitioner is to file a private complaint rather than directing registration of a criminal case against the police officials through the police itself.
3. For all the aforesaid reasons, I am not inclined to issue the writ as asked for. The petitioner may, if he feels so advised tile a private complaint in Court of competent jurisdiction. The Constitution petition is disposed of with these observations and in the above terms.