MST. HALEEMA BIBI Versus THE STATE

Through this Constitutional Petition Mst: Halima Bibi, Arshad Ali‑and Muhammad Yousaf petitioners want this Court to quash case under section 448/457/380, P.P.C. registered against them at P.S. Ghulam Muhammadabad on 22‑2‑1988.

2. Learned counsel for the petitioners submitted that the F.I.R. has been registered on account of mala fides on the part of the police, inasmuch as, Mst. Halima Bibi petitioner had moved W.P. No. 892/88 for the registration of the case against the police officials posted at P.S. Ghulam Muhammadabad. Learned counsel for the State has, opposed this application.

3. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to quash case F.I.R. No. 49 registered at P.S. Ghulam Muhammadabad, Faisalabad, against the petitioners on the grounds of mala fides on the part of the police. I find that Mst: Halima Bibi had filed W.P. No. 892/88 for the registration of the case against S.I., Head Constable posted at P.S. Ghulam Muhammadabad and Raja Riaz, Councillor Ward No. 5 on the charges that they after having criminally trespassed into her house took her to police station where she was made naked and exposed to gang‑rape by Mehr Baqir S.H.O. and others and it was after two days i.e. on 22‑2‑1988 that the present F.I.R. was registered against Mst. Halima Bibi and others on the allegations that they after having committed house trespass had dishonestly removed Electric Motor and Donki Pump. Mst. Halima Bibi states that in retaliation to her filing writ petition against the police officials, the police not only registered false F.I.R: against her but has also made her life miserable. I am convinced that the case F.I.R. No. 49 has been registered at P.S. Ghulam Muhammadabad maliciouly to teach lesson to Mst. Haleema Bibi and her relatives for filing writ petition for the registration of the case against the police officials of that police station.

For what has been said above, the petition is accepted and F.I.R No. 49/88 under section 448/457/380, P.P.C. against the petitioners is quashed.

S.A./H‑67/L Petition accepted.