Mst. MUKHTARAN BIBI Versus D.P.O.

ORDER

Petitioner's daughter Mst. Mumtaz Bibi was abducted resulting in registration a criminal case vide F.I.R. No. 158, dated 15‑5‑2001 with Police Station Bhalak, District Faisalabad, against the respondents Nos.3 to 7. Mst. Mumtaz Bibi was recovered and was medically examined on 16‑3‑2002 and her statement under section 161, Cr.P.C. was recorded by the Investigating Officer, wherein she supported the prosecution version. The accused persons could not be arrested and were ultimately declared proclaimed offenders. The Investigating Officer, submitted challan against them where they have also absconded and were proceeded against under section 87, Cr.P.C. The trial Court after fulfilling all the requirements of sections 87 and 88 of the Cr.P.C. proceeded under section 512, Cr.P.C. and directed issuance of perpetual non‑bailable warrants. It is complained that inspite of repeated orders by the trial Court (Additional Sessions Judge), camp at Samundari, respondents Nos.1 and 2 failed to discharge their statutory obligation of effecting the arrest of the accused persons.

2. Heard Record perused. Assertion of the petitioner revolve around factual dispute, which can only be put to rest after inquiry and recording of evidence, but this course is not permissible in Constitutional jurisdiction of this Court, in view, of the law laid down by the Honourable Supreme Court in the cases of Nawaz v. The Additional Settlement and Rehabilitation Commissioner, Gujrat and another (PLD 1970 SC 39) and Muhammad Younas Khan and 12 others v. Government of N.‑W.F.P. through Secretary, Forest and Agriculture, Peshawar and others (1993 SCMR 618). Inspite of this constitutional handicape respondents Nos.1 and 2 are bound under law to execute the non‑bailable warrants issued by the learned Additional Sessions Judge, on 24‑4‑2004, and they cannot ignore those warrants under any provisions of law, by colourful exercise of their powers. Respondent No.1 is directed to look into the matter and have the compliance of the above order through respondent No.2 without fail. Compliance report shall be submitted to the Deputy Registrar (Judicial) of this Court. With these observations, this writ petition is disposed of.

H.B.T./M‑662/L Order accordingly.