Mian Khan
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IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No.____________/2002 Mian Khan
Vs.
S.P., etc.
INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit
5
Copy of F.I.R.
6
Copy of warrants with reports.
B&C
7
Copy of report U/s 173 Cr.P.C.
D
8
Copy of order dated 9.1.1999.
E
9
Dispensation Application.
10
Affidavit.
11
Power of attorney.
A
PETITIONER Dated: __________
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________/2002 Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah. ……PETITIONER
VERSUS 1.
S.P. Layyah.
2.
S.H.O. P.S. Chowk Azam, District Layyah.
3.
Shah Wali
sons of Faqir Khan, caste Kamrani Pathan
4.
Wilayat
Chak No. 29/DNB, near Abbasia Chowk, Ahmad Pur East (Bahawalpur). …RESPONDENTS
Writ petition under article 199 of the constitution of Islamic Republic of Pakistan, 1973 along-with all the enabling provisions.
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 a cousin of the petitioner namely Ghulam Rasool S/o Raza Khan was murdered by respondents No. 2 to 5 on 24.3.98. F.I.R. No. 182/98 U/s 302/34 P.P.C. at P.S. Chowk Azam (Layyah) was registered on the same day against respondents No. 3 & 4 with another namely Gul Khan. Copy of F.I.R. is Annex “A”.
3. That the respondent No. 2 investigated the case and collected evidence. As per evidence, the respondents No. 3 & 4 were proved to be fully involved in this case and Gul Khan was declared innocent. The respondent No. 2 obtained warrants of arrest from the court of law, but could not execute the same for the reasons best known to him. Lastly, it was reported that the respondents No. 3 & 4, due to the apprehension of arrest concealed themselves in the Tribal Area (
). Copies of
warrants with reports are Annexes “B & C”. 4. That respondent No. 2 completed the investigation, challaned the respondents No. 3 & 4 and submitted report under section 173 Cr.P.C. At this instance, the respondents No. 3 & 4 were declared proclaimed offenders on the basis that the respondents No. 3 & 4 could not be arrested even all efforts were exercised. This reason was different one, which was already present on the warrants of the respondents No. 3 & 4. Copy of report U/s 173 Cr.P.C. is Annex “D”. 5. That the trial U/s 512 Cr.P.C. was started for respondents No. 3 & 4 on 8.9.98 and after recording the evidence, vide order dated 9.1.99, the perpetual warrants against the accused/respondents No. 3 & 4 were issued and the file of the case was consigned to the record room till the arrest of accused/respondents No. 3 & 4. Copy of order dated 9.1.99 is Annex “E”. 6. That the accused/respondents No. 3 & 4 neither concealed their residences nor they went to tribal area (
), rather they
are present at their home address given by the petitioner (complainant) in the F.I.R. However, in the execution of order dated 9.1.99, the respondent No. 2 along-with other officials raided the house of respondents No. 3 & 4 for their arrest. But, due to the resistance of the relatives of the respondents No. 3 & 4 and the said Gul Khan could not succeed to arrest the respondents No. 3 & 4. The accused persons/respondents No. 3 & 4 escaped from the spot. F.I.R. for this occurrence was also registered at P.S.
Darawar
(Bahawalpur)
on
12.5.2002
U/s
353/324/216/186/148/149 P.P.C. 7. That after 12.5.2002, no serious efforts for the arrest of respondents No. 3 & 4 were made by the respondent No. 2. Respondent No. 1 having the supervisory and administrative control over the respondent No. 2 did not bother about the arrest of respondents No. 3 & 4. It is evident from the record that since the date of registration of case till the trial and after that the respondents No. 3 & 4 remained at liberty. The fake and forged reports were obtained on the warrants of arrest of the accused. The respondents No. 3 & 4 remained present in their residences after commission of offence, but instead of arrest, they were facilitated by respondent No. 2. 8. That the only effort for the arrest of respondents No. 3 & 4, which was resisted by them proved the presence of respondents No. 3 & 4 at their residences. In addition, it was also proved that the respondents No. 3 & 4 are not only hardened, but desperate and dangerous criminals as well. The liberty of such persons is harmful for the society too. But, the reluctant attitude of respondents No. 1 & 2 is not according to law and no premium can be allowed to the people, like respondents No. 3 & 4. 9. That the respondents No. 1 & 2 are duty bound to arrest the criminals and a valid order from the court of law is also intact in this regard, but the attitude of respondents No. 1 & 2 is against the spirit of law. In this situation, the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court, hence, this petition.
In view of the above submissions, it is respectfully prayed that the respondents No. 1 & 2 may please be directed to effect the arrest of the respondents No. 3 & 4, so that law can take its course.
Any other writ, direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Petitioner, Dated: ________
Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, 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.____________/2002 Mian Khan
Vs.
S.P., etc.
AFFIDAVIT of: Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 2002 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. ____________/2002 In W.P. No.___________/2002 Mian Khan
Vs.
S.P., etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPY OF THE ANNEX. ======================================== Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main petition. 2. That certified copies of Annex “A” is not readily available. However, uncertified/photo state copy of the same has been annexed with the petition, which is the true copy of the original document. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________
Through: Hamad Afzal Bajwa, Sheikh Muhammad Faheem, Advocate High Court, Advocate High Court, 28-District Courts, Multan. 28-District Courts, Multan. C.C. No. 20959 C.C. No. 20176 IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In W.P. No.___________/2002 Mian Khan
Vs.
S.P., etc.
DISPENSATION APPLICATION AFFIDAVIT of: Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
W.P. No.____________/2002 Mian Khan
Vs.
S.P., etc.
INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit
5
Copy of F.I.R.
6
Copy of warrants with reports.
B&C
7
Copy of report U/s 173 Cr.P.C.
D
8
Copy of order dated 9.1.1999.
E
9
Dispensation Application.
10
Affidavit.
11
Power of attorney.
A
PETITIONER Dated: __________
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________/2002 Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah. ……PETITIONER
VERSUS 1.
S.P. Layyah.
2.
S.H.O. P.S. Chowk Azam, District Layyah.
3.
Shah Wali
sons of Faqir Khan, caste Kamrani Pathan
4.
Wilayat
Chak No. 29/DNB, near Abbasia Chowk, Ahmad Pur East (Bahawalpur). …RESPONDENTS
Writ petition under article 199 of the constitution of Islamic Republic of Pakistan, 1973 along-with all the enabling provisions.
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 a cousin of the petitioner namely Ghulam Rasool S/o Raza Khan was murdered by respondents No. 2 to 5 on 24.3.98. F.I.R. No. 182/98 U/s 302/34 P.P.C. at P.S. Chowk Azam (Layyah) was registered on the same day against respondents No. 3 & 4 with another namely Gul Khan. Copy of F.I.R. is Annex “A”.
3. That the respondent No. 2 investigated the case and collected evidence. As per evidence, the respondents No. 3 & 4 were proved to be fully involved in this case and Gul Khan was declared innocent. The respondent No. 2 obtained warrants of arrest from the court of law, but could not execute the same for the reasons best known to him. Lastly, it was reported that the respondents No. 3 & 4, due to the apprehension of arrest concealed themselves in the Tribal Area (
). Copies of
warrants with reports are Annexes “B & C”. 4. That respondent No. 2 completed the investigation, challaned the respondents No. 3 & 4 and submitted report under section 173 Cr.P.C. At this instance, the respondents No. 3 & 4 were declared proclaimed offenders on the basis that the respondents No. 3 & 4 could not be arrested even all efforts were exercised. This reason was different one, which was already present on the warrants of the respondents No. 3 & 4. Copy of report U/s 173 Cr.P.C. is Annex “D”. 5. That the trial U/s 512 Cr.P.C. was started for respondents No. 3 & 4 on 8.9.98 and after recording the evidence, vide order dated 9.1.99, the perpetual warrants against the accused/respondents No. 3 & 4 were issued and the file of the case was consigned to the record room till the arrest of accused/respondents No. 3 & 4. Copy of order dated 9.1.99 is Annex “E”. 6. That the accused/respondents No. 3 & 4 neither concealed their residences nor they went to tribal area (
), rather they
are present at their home address given by the petitioner (complainant) in the F.I.R. However, in the execution of order dated 9.1.99, the respondent No. 2 along-with other officials raided the house of respondents No. 3 & 4 for their arrest. But, due to the resistance of the relatives of the respondents No. 3 & 4 and the said Gul Khan could not succeed to arrest the respondents No. 3 & 4. The accused persons/respondents No. 3 & 4 escaped from the spot. F.I.R. for this occurrence was also registered at P.S.
Darawar
(Bahawalpur)
on
12.5.2002
U/s
353/324/216/186/148/149 P.P.C. 7. That after 12.5.2002, no serious efforts for the arrest of respondents No. 3 & 4 were made by the respondent No. 2. Respondent No. 1 having the supervisory and administrative control over the respondent No. 2 did not bother about the arrest of respondents No. 3 & 4. It is evident from the record that since the date of registration of case till the trial and after that the respondents No. 3 & 4 remained at liberty. The fake and forged reports were obtained on the warrants of arrest of the accused. The respondents No. 3 & 4 remained present in their residences after commission of offence, but instead of arrest, they were facilitated by respondent No. 2. 8. That the only effort for the arrest of respondents No. 3 & 4, which was resisted by them proved the presence of respondents No. 3 & 4 at their residences. In addition, it was also proved that the respondents No. 3 & 4 are not only hardened, but desperate and dangerous criminals as well. The liberty of such persons is harmful for the society too. But, the reluctant attitude of respondents No. 1 & 2 is not according to law and no premium can be allowed to the people, like respondents No. 3 & 4. 9. That the respondents No. 1 & 2 are duty bound to arrest the criminals and a valid order from the court of law is also intact in this regard, but the attitude of respondents No. 1 & 2 is against the spirit of law. In this situation, the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court, hence, this petition.
In view of the above submissions, it is respectfully prayed that the respondents No. 1 & 2 may please be directed to effect the arrest of the respondents No. 3 & 4, so that law can take its course.
Any other writ, direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Petitioner, Dated: ________
Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, 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.____________/2002 Mian Khan
Vs.
S.P., etc.
AFFIDAVIT of: Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 2002 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. ____________/2002 In W.P. No.___________/2002 Mian Khan
Vs.
S.P., etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPY OF THE ANNEX. ======================================== Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main petition. 2. That certified copies of Annex “A” is not readily available. However, uncertified/photo state copy of the same has been annexed with the petition, which is the true copy of the original document. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________
Through: Hamad Afzal Bajwa, Sheikh Muhammad Faheem, Advocate High Court, Advocate High Court, 28-District Courts, Multan. 28-District Courts, Multan. C.C. No. 20959 C.C. No. 20176 IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In W.P. No.___________/2002 Mian Khan
Vs.
S.P., etc.
DISPENSATION APPLICATION AFFIDAVIT of: Mian Khan S/o Mian Noor, caste Dinyar Khail, R/o Chak No. 160C/T.D.A., Tehil
District Layyah.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT
