1. Petitioner Ghulam Muhammad is father of Zahid Hussain a student of intermediate who has been arrested by Shandadkot Police in F.I.R. No,179 of 2001 for offence under section 379, P.P.C. In a blind F.I.R. In which no culprit has been nominated. While Zahid Hussain was in custody of police another F.I.R. Was drawn against him on the allegation that he attempted to commit suicide by hitting his head against wall and thereby committed an offence under section 325, P.P.C. In the instant petition filed under Article 199 of Islamic Republic of Pakistan, 1973 Ghulam Muhammad has alleged that the proposed accused namely A.S.-I. Nazir, PC Zamir Chandio, PC Abbas Khoso, PC Shahnawaz Seero and HC Malook Chandio have severely beaten Zahid Hussain and also caused severe injuries on his head and other parts of body and have also put lime powder and Naswar in his ears and mouth as a result his condition has turned serious. It is also alleged that wrist watch, gold necklace and cash of Rs,7,000 were also snatched from Zahid Hussain.
2. ' During the proceedings of this petition Zahid Hussain was produced in Court and it was directed that he may be produced before the concerned Medical Officer for his examination and report. The Police Surgeon after examining Zahid Hussain has submitted his report certifying the following injuries:--
(1) Partially healed lacerated injuries wound 2 6/2 cm x 1/4 cm skin superficially on frontal region of skull.
(2) Partially healed lacerated wound 1 1/2 cm. x 1/4 cm skin superficially on frontal region of skull left lateral to injury No,l.
(3) Two partially healed skin lacerations each 1 cm x 1/2 cm on back of right elbow joint positively.
(4) Two infected skin lacerations each 1 cm x 1/2 cm on right lower side of abdomen.
(5) Partially healed skin lacerations 2 cm x 2 cm on mid of posterior parietal region of skull.
(6) C/O pain in left hand below the thumb on palm side.
3. ' On the other hand, a copy of Medical Certificate issued by Medical Officer, Taluka Hospital, Shandadkot, who examined Zahid Hussain on 12-4-2002 at 2-40 p.m., has been placed on record which shows the following injuries:--
(1) Abrasion 3x1 cm on the, left side parietal region.
(2) Abrasion 4x1 cm on the left side beside the first one. (3) Bruise 2x1 cm on the left upper arm. (4)
4. Bruise 3x2 cm on the right knee-joint. (5) Swelling 5x2 cm on the left hand.
5. ' On a plain reading of these medical certificates, learned Additional Advocate-General concedes that ex facie the nature of injuries is remarkably different. Present petition is verified on oath while Inspector Ahmed Ali Sodhar in his statement has denied the allegation. DSP Ali Muhammad Shahani, respondent No,2 has filed a statement denying the allegations and has referred to the criminal cases in which Zahid Hussain was arrested. He has also referred to statement recorded ' under section 164, Cr.P.C. Whereby the story of attempt to commit suicide by Zahid Hussain is said to have supported.
6. Obviously, the injuries sustained by Zahid Hussain during custody of police are evidence of a fact which speaks of some incident. The petitioner has prayed that F.I.R. May be lodged against respondents Nos.1 to 3 and also proposed accused. It is difficult for this Court to form an opinion about act of a particular person and hold any of them responsible for any criminal act and such a finding is to be rendered by the trial Court. However, it is inalienable right of petitioner within the meaning of Article 4 of Constitution of Pakistan that he should be dealt with in accordance with law and the case be registered within the meaning of section 154, Cr.P.C. If a cognizable offence is made out. Reference be made to Imran Ashraf v. State (2001 SCM R 424) and Syed Saeed Ahmed Shah v. State (1993 SCM R 550) in this context. Accordingly, it is directed that as and when petitioner Ghulam Muhammad appears at concerned police station and makes a statement the same may be recorded and F.I.R. Be drawn. The D.P.O. Should entrust the investigation of the case to an honest and trustworthy police officer to conduct the investigation impartially. The result of investigation may also be communicated to this Court.
7. ' With the above observations, the petition stands disposed o.