Mst. SAMINA BEGUM vs The STATE and anothers

ORDER

' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---The petitioner Mst. Samina Begum, in an application filed under section 22-A/B, Cr.P.C. Before the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kharian District Gujrat alleged that her daughter Arooj Begum was married with one Zubair Ahmad. On 27-6-2011, at about 6-30 a.m. In the morning, Arooj Begum made a phone call to her brother Raja Akraash Akram requesting him to take her back to her parents' house otherwise her husband Zubair Ahmad, Muhammad Irfan, Musarrat Nazir, Ghazanfar, Shazia and Fazal Begum would kill her. Raja Akraash Akram passed on this information to his parents. Subsequently, at about 12-30 p.m. Raja Akraash Akram, his sister Umeraash and Mst. Samina Begum their mother, reached at the house of Zubair Ahmad and found that the above named persons were abusing Arooj Begun and giving beating to her. When the petitioner etc. Restrained them from beating her daughter, they were insulted and asked to leave the house. In the meanwhile, Zubair Ahmad, brought a pistol .30-Bore and made fires upon his wife Arooj Begum one of which hit at her temporal region. It was further mentioned in her application that the occurrence was narrated to the police which got signatures of Raja Akraash Akram on the plain papers and recorded concocted F.I.R. No,178 of 2011, to save the skin of the real culprits. She prayed for registration of separate F.I.R. On her statement.

2. The learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kharian District Gujrat, vide order dated 12-9-2011, dismissed the application holding that the petitioner is aggrieved by the investigations conducted by the police in the above said F.I.R. Which has also been recommended for cancellation, thus, the petitioner is at liberty to file criminal complaint regarding the alleged occurrence.

3. The learned counsel for the petitioner while relying upon cases reported as "Wajid Ali Khan Durani and others v. Government of Sindh and others" (2001 SCM R 1556) and "Mst. Anwar Begum v. Station House Officer, Police Station Kalri West, Karachi and 12 others" (PLD 2005 Supreme Court 297) contended that separate F.I.R. Can be lodged upon the statement of the petitioner as the police by distorting the real facts had lodged an F.I.R. On the statement of her son who is minor.

4. On the other hand, the learned Assistant Advocate-General while rebutting the submissions, argued that the learned Ex-Officio Justice of Peace' had rightly observed that alternate, remedy of filing criminal complaint is available to the petitioner, thus, the instant petition is liable to be dismissed.

5. Parties heard. Record perused.

6. The case-law relied upon by the learned counsel for the petitioner manifest that in a case where F.I.R. Does not reflect true facts, A separate F.I.R. Can be lodged. In the instant case, the grievance of the petitioner is that the police in connivance with the accused persons distorted the real facts.

During the investigations, the police made the case as one of suicide instead of culpable homicide which was witnessed by the petitioner and her children who were present at the time of occurrence in the house of her daughter. The application filed in this respect by the petitioner sufficiently makes out a case for registration of separate F.I.R. As the police had declared that the death of Arooj Begum had occurred due to her suicide. The learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kharian did not notice these facts while declining the request of the petitioner for the registration of F.I.R.

7. Keeping in view the precedent law including the one reported as "Mushtaq Hussain and another v. The State" (2011 SCM R 45), it is a fit case in which direction for registration of separate F.I.R. Can be ordered. The instant petition is accordingly allowed and the order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kharian dated 12-9-2011, is set aside.

Resultantly, the SHO, Police Station Galliana Tehsil- Kharian District Gujrat is directed to record the statement of the petitioner and to proceed with it in accordance with law.