MIAN MUHAMMAD AJMAL, J.- This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 assails the validity of the judgment of the Lahore High Court, Lahore dated 25.4.2001, whereby Crl. Misc. No. 630/B/Q/2000 of the petitioners, was dismissed.
2. Brief history of the case is that on 5.3.1997, a case under Section 353/186/506, PPC was registered against the petitioners With Police Station Samanabad Lahore on the statement of Muhammad Arif Hussain, Head Constable. The allegation against the petitioners was that the complainant, a Head constable of the Police Department, went to serve-the Robkar upon petitioner No. 1, who resisted and on his noise, the other petitioners (wife and daughters of the petitioner joined him and deterred him, by maltreating, from discharging his official duty. The petitioners were allowed interim pre-arrest bail by the learned Addl. Sessions Judge, Lahore on 10.7.1998, which was later on confirmed vide order 24.7.1998. They moved an application under Section 205, Cr.P.C, for permission to allow petitioner No. 1 to represent his wife and daughters, the other petitioners, and they be exempted from their personal attendance. This application was dismissed by the Judicial Magistrate, Samanabad, Lahore on 10.1.2001. Feeling aggrieved, the petitioners filed revision petition before the Addl. Sessions Judge, Lahore which was also dismissed on 9.3.2001. They assailed the validity of the said order through Crl. Misc. No. 630/Q/B/2000 under Section 561-A, Cr.P.C, before the Lahore High Court, Lahore, which has also met the same fate. Hence this petition.
3. We have heard petitioner No. 1 in person and have perused the record of the case. Prima facie, it appears that the petitioners are the victims of the high-handedness of the Police. From the very F.I.R, lodged by Muhammad Arif Hussain. Head Constable, his mala fide/ill-will is manifest. In present police set up it cannot be expected that a police official would be threatened and maltreated by the ordinary citizens, especially, the womenfolk. It is astonishing that the complainant-police official has charged the wife and daughters of the petitioner No. 1 by name.
The press clippings Annexed with the petition show that the petitioner's daughters had to discontinue their studies as they were chased and teased by Ghunda elements who had the patronage of the local police.
4. It is regretfully noted that even the Courts did not apply their judicial mind in disposal of the application under Section 205, Cr.P.C, and the revision Petition for the exemption of personal attendance of the petitioner's wife and daughters and on flimsy grounds exemption was refused by both the Judicial Magistrate and the Addl. Sessions Judge, Lahore.
5. Insofar as the present petition is concerned, we are not inclined to interfere with the impugned order as according to it the prosecution evidence has been concluded and the petitioners' statements are to be recorded. We, accordingly, dispose of this petition with the direction to the Trial Court to act strictly in accordance with law and to do justice with the parties and if evidence has not been concluded, then the application for exemption of personal appearance of the ladies should be considered and appropriate order be passed in accordance with law.
6. A copy of this judgment be sent to the Inspector General of Police, Punjab, for probing into the matter as contained in para 3 above and for talcing appropriate action against the police officials, who are found to have committed misconduct in their official duties.