Ghulam Muhammad

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2001 Ghulam Muhammad S/o Muhammad Ramzan, caste Khokhar, R/o Chah Nehlay Wala, Mouza Gith Brabar, Tehsil & District Multan. Petitioner VERSUS 1. S.H.O. Police Station Alpa. 2. Zafar Iqbal 3. Pevaiz Iqbal

Sons of Abdul Sattar, caste Arain

4. Amjad Iqbal 5. Shahid S/o unknown, caste Arain. 6. Riaz Shah S/o unknown, caste Syed. Respondents No. 2 to 6 residents of Chah Nehlay Wala, Mouza Gith Brabar, Tehsil & District Multan. Respondents

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with all enabling provisions of law.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations.

2. That the petitioner is an employee of one Sardar Ghulam Hussain Khan Khizar, who is a land-lord of Mouza Gith Brabar. The petitioner looks after the lands of said Sardar Ghulam Hussain Khan Khizar. The said land-lord had sold two acres of land to the respondents No. 2 & 3; and the respondents had installed a cosmetics factory upon that piece of land. The respondents No. 2 to 4 tried many times to enforce unauthorised possession on more land and encroach the road as well, but were stopped by the land-lord; and the petitioner was directed to take care of it also. 3. That on 24.4.2001, the petitioner received an information that the respondents No. 2 to 4 are constructing a sewerage tank in the mid of road. The petitioner reached at the spot and refrained the labour to do so. They stopped the work and informed the owners of factory. After a while, the respondents No. 2 to 6 armed with sotas, sarya and wooden phatties came there. Amjad inflicted a sarya blow on the head of petitioner and the petitioner fell down on the ground, then Shahid and Riaz Shah inflicted sota and phatty blows on the right arm and back of the petitioner. Nazar Hussain son of Muhammad Bakhsh and Maqbool Hussain son of Gul Muhammad, caste Khokhar residents of the same village, when passing beside the spot, tried to escape the petitioner, on which Zafar Iqbal with iron teshi injured the leg of Nazar Hussain while Amjad caused injury on the head of Maqbool by brick; and Riaz Shah caused injury on the left arm of Maqbool. On hue and cry of injured persons, residents of the village and Khizar Khan attracted towards the place of occurrence. On their interference, the respondents No. 2 to 6 called the workers of factory. Amjad and Shahid threatened the Khan Sahib to done to death and tried to assault the Khan Sahib, but could not succeed. The petitioner along-with Nazar & Maqbool were taken to Nishtar Hospital and were examined by the doctors. 4. That the petitioner appeared before the respondent No. 1 with the Medico-legal Certificates to lodge a report against the respondents No. 2 to 6, but he refused to initiate any type of legal

proceedings against them. Aggrieved by the conduct of respondent No. 1, the petitioner appeared before the D.S.P./ S.D.P.O. concerned with an application and Medico-legal Certificates, who was kind enough to direct the respondent No. 1 as under: -

D.S.P. Sadar, Multan. 24.4.2001 Copies of application and Medico-legal Certificates are Annexes “A, B, C & D”. 5.

That the respondent No. 1 received the application and Medico-legal Certificates, but did not register the case against respondents No. 2 to 6, because of their influence and relations with high-ups. The petitioner requested the respondent No. 1 many times to act upon the direction of D.S.P., but he always remained reluctant; and now has refused to register the case and returned the original documents.

6.

That the petitioner is left with no other adequate, efficacious and speedy remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court for the redressal of his grievance. Keeping in view the above-mentioned facts, it is respectfully prayed that the respondent No. 1 may please be directed to act upon the order of D.S.P. Sadar dated 24.4.2001 and register a case against the respondents No. 2 to 6 as well, by receiving the original application and Medico-legal Certificates. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. HUMBLE PETITIONER,

Dated: 01.9.2001

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2001

Ghulam Muhammad

Vs.

S.H.O. etc.

AFFIDAVIT of: Ghulam Muhammad S/o Muhammad Ramzan, caste Khokhar, R/o Chah Nehlay Wala, Mouza Gith Brabar, Tehsil & District Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of September 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Ghulam Muhammad

Vs.

S.H.O. etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth:That certified copies of Annexes “A to D” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Ghulam Muhammad

Vs.

S.H.O. etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Ghulam Muhammad S/o Muhammad Ramzan, caste Khokhar, R/o Chah Nehlay Wala, Mouza Gith Brabar, Tehsil & District Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of September 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Ghulam Muhammad

Vs.

S.H.O. etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1 Urgent Form

__

2 Stamp Paper worth Rs. 500/-

__

3 Writ Petition.

1-7

4 Affidavit

9

5 Copy of Application. 6 Copies of Medico-legal Certificates.

A

11

B, C & D

13-17

7 Dispensation Application.

19

8 Affidavit.

21

9 Vakalatnama

23

PETITIONER Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959