The petitioner seeks that non-arrest of respondents Nos.2 to 8 by the D.S.P. City Sialkot and not investigating the matter is illegal, without lawful authority and of no legal effect and that the respondent No. l-A be directed to arrest respondents Nos.2 to 8 and to investigate the matter in accordance with law and to challan them in the Court in case F. I. R. No. 184, dated 23-7-1997 under section 302, P.P.C. Registered with Police Station Sialkot Cantt:
2. The grievance is based on the allegation that the petitioner is father of Naukheez Anjum alias Chand, who was very disobedient to the petitioner and in spite of repeated requests made by the petitioner joined a very bad and ill-reputed society and refused to leave the said society and that his son Naukheez Anjum alias Chand alongwith Adil, Balal, Faisal and Essai Mithu were taken by the police for appearance in the Court of Iilaqa Magistrate Police Station Cantt: Sialkot. The three accused Naukheez Anjum alias Chand, Adil and Balal dodged the local police and went away and the local police declared them as proclaimed offenders, and that the local police arrested the petitioner on the ground that he helped the accused persons dodging the local police and that the respondents Nos.2 to 8 made a plan and prepared conspiracy to murder my son Naukheez Anjum alias Chand and his friend Bilal and for this purpose they persuaded them and invited them in a room situated at Godhpur and respondents Nos.2 to 8 due to pre-planned murdered both and their dead bodies were thrown at road side at Godhpur and at the direction of respondent No.2 Tariq Hafeez Joyia, the then D.S.P. City the dead bodies from the road side to Khawaja Safdar Road which was m the territorial jurisdiction of the respondent No.2 and then to fulfil their evil design and to complete their plan a false case was registered by Nawab Khan, the then S.H.O. Police Station Cantt Sialkot vide F.I.R. No. 184 of 1997. During investigation respondents Nos.2 to 8 who were very influential persons, tried to involve one Adil another friend of his son Naukheez Anjum alias Chand and Bilal illegally and during investigation it was shown that Naukheez Anjum alias Chand and Bilal were murdered by Adil which is absolutely illegal and false and that his son was murdered through a plan hatched by the respondents Nos.2 to 8 and conspiracy made between respondents Nos.2 to 8 for murder of his son and. Bilal and during investigation it was shown that his son and Bilal were murdered by Adil who was a close friend of his son and that the said respondents Nos.2 to 8 after showing Adil as accused person in the murder of his son Naukheez Anjum alias Chand and Bilal was also murdered by them and he was shown murdered in police encounter and that the respondents Nos.2 to 8 were very clever persons. They very cleverly got the petitioner arrested in the false allegation that he helped the three accused proclaimed offenders who went away after dodging the police and thereafter, they murdered his son and his friend Bilal and a false case of murder was registered and during investigation they, due to their influence, succeeded in writing "zimni" that Adil is accused of case of murder of Naukheez Anjum alias Chand and Bilal and thereafter, Adil was also murdered in a police encounter and that the petitioner had no concern with his son when he became disobedient with the petitioner and petitioner made him "Aaq" and refused to allow him to come to his house and the petitioner did not want to see him neither in Jail nor on any date of hearing of his case and that now his son Naukheez Anjum alias Chand and Bilal have been murdered by the respondents Nos.2 to 8 so he being aggrieved person made application to the G.O.C. 15 Div Headquarter Sialkot Cantt: and have requested the said Agency to do complete justice with the petitioner and accused respondents Nos.2 to 8 be arrested and they be investigated by the police for the murder of his son Naukeez Anjum alias Chand and his friend Bilal and that the petitioner moved application before S.S.P. Sialkot but all in vain. The Military Authority directed the petitioner to go and see the D.S.P. City Sialkot on 18-7-2000. In compliance the petitioner appeared before the D.S.P. City Sialkot on 23-7-2000 and have narrated whole story and deposed that the son of the petitioner and Bilal were murdered by the respondents Nos.2 to 8 and deposed that it is absolutely false that the petitioner's son and Bilal were murdered by one Adil.
This conspiracy has been planned only to save the skin of the respondents Nos.2 to 8 and that the D.S.P, City Sialkot advised the petitioner to go and file writ petition in the Hon'ble High Court and get arrested those persons. He also advised that the respondents are very influential and can only put hand on them with the order of the Hon'ble High Court, otherwise he cannot take any action against them or arrest them and to investigate the matter against them, and that the petitioner is greatly aggrieved by the illegal acts of the respondents Nos.2 to 8 that they have murdered his son and his friend Bilal and also they managed to illegally send the petitioner in jail and through a hatched plan and conspiracy murdered his son and they are the only real culprits, who have done such a crime and involved one Adil who was also friend of his son and Bilal and thereafter murdered the said Adil in a police encounter, and that the petitioner requested the D.S.P. And S.S.P.
To arrest the accused persons but they have shown their inability and have not done their duty to arrest the actual accused persons and instead they have advised the petitioner to go to the Hon'ble High Court. In fact both the police officers are bound under the law to arrest the real accused persons and investigate the matter and challan them before the Court but they have illegally refused to do so, and that the respondent Nos.2 to 8 are the actual persons who murdered the petitioner's son Naukheez Anjum alias Chand and Bilal, they should be arrested and investigated by the police and challaned and sentenced from the concerned Court and that the act of respondent No-1 (S.S.P.) and respondent No.1-A (DSP city) is illegal, without lawful authority and is of no legal consequence and that the respondents Nos.1 and l -A are competent to arrest the respondents Nos.2 to 8 and can investigate the matter to do complete justice but they have refused to do so, hence the act of respondents Nos. l and 1-A is illegal, without lawful authority and of no legal consequence.
2. Comments were called from respondents and the same have been received from respondent No. 1, in which it has been stated that the factual position is that on 23-7-1997 at about 5-45 a.m.
Inspector Nawab Khan S.H.O. Police Station Cantt: Sialkot had lodged a complaint that during patrol duty he received a wireless message that two unidentified dead bodies are lying on the side of the road and it appears that they have been done to death through violence. Accordingly he went there and found the dead bodies lying. The persons who had assembled at that place identified the dead bodies to be of Naukheez Anjum alias Chand and Muhammad Balal who stood involved in a number of criminal cases.
3. On the written complaint of Malik Nawab Khan S.H.O. Police Station Cantt Sialkot, Case F.I.R.
No.184, dated 23-7-1997 under section 302, P.P.C. Was registered against unknown culprits. The investigation was taken up by the local police. On 7-9-1997 S.I. Malik Nadeem the then S.H.O. Police Station Kotwali informed S.H.O. Police Station Cantt. Sialkot that he arrested accused Adil Mehmood in Case F.I.R. No.318 of 1996, who during interrogation disclosed that he had committed the murder of Naukheez Anjum alias Chand and Balal. These facts were incorporated by S.I. Malik Nadeem in case diary No.36, dated 7-9-1997 in case F.I.R. No.318 of 1996 Police Station Kotwali Sialkot. On the basis of confession of said accused Adil Mehmood, he was arrested in case F.I.R. No. 184 of 1997 Police Station Cantt Sialkot. Later on said accused Adil Mehmood was killed in a police encounter for which case F.I.R. No.238, dated 8-9-1997 under sections 224/353/324/225/395. P.P.C. Registered at Police Station Civil Lines. After due investigation, challan against Adil Mehmood was prepared on 10-9-1997 in case F.I.R. No. 184 of 1997 under section 302, Police Station Cantt. Sialkot and the same was submitted in the Court of learned Sessions Judge, Sialkot, who vide order, dated 26-2-1998 ordered as under:----- "This Court has recorded the statement of Muhammad Anwar LHC No. 1528 Police Station Cantt evidencing the death of solitary accused Adil Mehmood alias A'adla in this case. As such the case against the accused stands abated and -is disposed of accordingly. File be consigned to the Record Room, after due completion. "
It has also been stated in para. 8 of the comments that correct to the extent that an application of Muhammad Younis Khan (petitioner) was received in this office vide Letter No.500/13/12/IX/IS, dated 11-7-2000 of Headquarters 15 Div: Silkot Cantonment. This application was sent to DSP/City for enquiry and report. D.S.P. City Sialkot conducted the enquiry and concluded that the contents of the application were not substantiated. The allegations against respondents Nos.2 to 8 were found false. Further, it has been stated that on his application received through the Headquarters 15 Div: Sialkot Cantonment, DSP City Sialkot was directed to hold an enquiry. He concluded that the version of the petitioner is incorrect. The petitioner, during the course of enquiry, failed to produce any solid evidence in support of his version and that it is totally incorrect. DSP City Sialkot did not give any advice regarding filing of any writ petition in the Honourable Court. The petitioner's version that DSP City had told him that the respondents Nos.2 to 8 are very influential persons, is totally incorrect and that it is incorrect as per F.I.R. No.184, dated 23-7-1997 under section 302, P.P.C. Police Station Cantt. Naukhez Anjum alias Chand and Bilal were murdered by unknown accused persons. During the investigation of this case, it transpired that they were murdered by Adil Mehmood (who was subsequently killed in Police encounter vide F.I.R. No.238, dated 8-9-1997, under section 224/225/324/353/395, P.P.C. Police Station Civil Lines Sialkot and that during enquiry conducted by D.S.P. City Sialkot, the version of the petitioner was found false. He could not produce any solid evidence against the respondents Nos.2 to 8 for registration of case against them and that during the investigation of the case F. I. R. No. 184, dated 23-7-1997 under section 302, P.P.C. Police Station Cantt. Sialkot, accused Adil Mehmood was found guilty for the murder of Naukheez Anjum alias Chand and Balal. It may be submitted that during the investigation of this case, the petitioner or any member of his family had not deposed anything against respondents Nos.2 to 8. Even the Investigating Officer had visited their house but they did not disclose before him against any police officials.
4. This shows that the version of the petitioner was duly received and found false by the police, the question is as to whether when a report of an evidence is made to the police, a formal F.I.R. Is to be recorded under section 154, Cr.P.C. Or not and an enquiry could be conducted by the police without such recording of F.I.R. The answer is no. The law is clear on the point that when a person comes to a Police Station and makes a statement relating to commission of an offence, S.H.O. Is bound to record his version at verbatim and thereafter if from the contents it appears that cognizable case is made out to inform or notify the same to the informant so that he may seek his remedy before the competent Court and if cognizable case is made out from the contents of the F.I.R., to take further proceedings in accordance with law. If in the investigation the F.I.R. Is found false, then the matter is to be presented before the competent Magistrate to order the cancellation of the same and if the contents are found true, a report undersection 173, Cr.P.C. Is to be submitted to the competent Court within a fortnight.
5. In the present case, the police has not acted in accordance with law. As such, respondent No. l is directed to record the statement of the petitioner at verbatim and proceed further strictly in accordance with law.
6. The writ petition stands disposed of in the above terms.