' Writ Petition No,1915 of 1998 was filed by Noor Muhammad to avoid the unnecessary harassment at the hands of the S.H.O., Police Station Klur Kot, District Bhakkar according to whom his son Abdus Sattar was a fugitive form law in a criminal case and to procure his arrest he and his other family members were being harassed, humiliated without any factual and legal justification. He maintained that in this regard he was involved in a false case under section 216, Pakistan Penal Code and was even arrested. In the comments and report the police took up the defence that Noor Muhammad Was the accused of a case registered under section 216, Pakistan Penal Code at Police Station, Klur Kot, District Bhakkar whose son Abdus Sattar absconder was seen in his company while he was having his meals with him in front of his house at Chah Gulbaz Wala. I disposed of the writ petition on 3-11-1999 and suo motu chose to examine case F.I.R. No,216 registered on 14-9-1997 under section 216, Pakistan Penal Code at Police Station, Klur Kot, District Bhakkar.
2. Today Ahmad Nawaz Chadhar, A.S.-I. Police Station, Klur Kot, District, Bhakkar has appeared alongwith the learned Assistant Advocate-General. The photostats of the F.I.R., the site plan, the statements of the P. Ws. And the case diary were obtained and added to the file. It is narrated in the F.I.R. Registered on 14-9-1997 that Ahmad Nawaz complainant of the murder case in which Abdus Sattar is an absconder was going on his tractor in the company of Fateh Khan and Hameed Ahmad Khan on 11-9-1997 at 12-00 p.m. He saw that Noor Muhammad (petitioner) was having the meals alongwith his son Abdus Sattar under the shadow of a tree in front of his house. It is narrated therein that Noor Muhammad petitioner helped his son Abdus Sattar financially as well.
3. The Police Officer intimated this Court that Abdus Sattar absconder has been arrested. During the arguments on the query made by this Court it was intimated that no independent effort was made in the house of Noor Muhammad by the police to arrest his son Abdus Sattar who had become a fugitive from law. Learned A.A.-G. Agreed with this Court that in case an F.I.R., under section 216, Pakistan Penal Code is to be registered at the instance of some person other than the police then the F.I.R., of this nature containing the same allegations can be registered once or twice even daily. Thus, the general type of allegation narrated in the F.I.R., need not be given the weight.
Further the taking of meals at Chah, Gulbaz Wala under the'shadow of a tree cannot be held to be harbouring or concealing of the accused as used in section 216, Pakistan Penal Code. The dictionary meanings of word 'conceal' are "keep secret, to hide completely or carefully, act or state of hiding". The dictionary meanings of word harbour are "place of safety or refuge or shelter, assylum". Keeping in view of the recitals of the F.I.R., the allegation of harbouring and oncealment leveled against Noor Muhammad petitioner can well be termed to be anomalous and without substance. Thus, it can be expressed that the aforesaid type of allegation made by the complainant of the murder case as well as the alleged provision of financial help do not come within the ambit of the words 'harbour or conceal' as used in section 216, Pakistan Penal Code.
4. In view of what has been expressed above, the contention of Noor Muhammad is held to be correct that to put the pressure for the arrest of his absconding son with whom he has no concern and has got published a disinheritment citation in Daily Nawa-i-Waqt, Lahore on 3-7-1997, the case was registered so that the petitioner and his family were humiliated and insulted. The complainant of the case witnessed in the company of the prosecution witnesses the absconder accused Abdus Satrar with Noor Muhammad (petitioner-accus-A) on 11-9-1997 while he got registered the F.I.R. On 14-9-1997 and in the circumstances of the matter the aforesaid delay in reporting the case to the police cannot be taken lightly.
5. The cumulative effect of what has been expressed above is that F.I.R. No,216 registered on 14-9- 1997 at Police Station, Klur Kot, District Bhakkar is the outcome of the mala fides of the police and the complainant which cannot remain in the field. Consequently I quash F . I. R . No,216 registered on 14-9-1997 at Police Station Klur Kot, District, Bhakkar under section 216, Pakistan Penal Code.
6. A copy of this judgment shall be sent to the learned Sessions Judge, Bhakkar who shall forward the same to the learned trial Court.