SYED ABBAS RAZA RIZVI (ADVOCATE) Versus D.I.-G. POLICE, LAHORE

ORDER

Syed Abbas Raza Rizvi, Advocate, has moved for the registration of case against Faqir Muhammad Inspector, C.I.A., Depalpur, District Okara on the allegation of fabricating false evidence against him.

2. It is contended that on 24-10-1990 case F.I.R. No.218/1990 was registered at Police Station City, Depalpur under sections 148, 365, 506,/149, P.P.C. on the report of Rao Shaukat Sohail against Abbas Shah, Arif Shah, etc. for kidnapping Yasin and Muhammad Ahmad in order to murder them. The investigation of the said case was entrusted to Faqir Muhammad Inspector C.I.A., Depalpur by the D.I.-G., Lahore Range. The petitioner applied for bail before arrest to the High Court and during its hearing it transpired that the petitioner and his co-accused had been implicated in an offence under section 365-A, P.P.C. whereas there was no mention of this offence in the F.I.R. or statements of Rao Muhammad Yasin, Muhammad Ahmad and Qasim recorded under section 161, Cr.P.C. In the earlier statements of the aforementioned persons there was no mention of the demand of Rs.10,00,000 as ransom by the petitioner 'and his co-accused but in their other statements it was alleged that the accused had demanded ransom for their release.

3. A report was called for from Faqir Muhammad Inspector. According to him the statements of the P.Ws. were correctly recorded and he did not make any alteration or addition in them . He has, however, admitted that the statements of Rao Muhammad Yasin and Muhammad Ahmad dated 24-10-1990 bear his signatures.

4. A perusal of the statements of Rao Muhammad Yasin and Muhammad Ahmad shows that in one set of their statements there is no mention of the demand of Rs.10,00,000 as ransom from them by the petitioner and his co-accused while in the other statements of the aforementioned persons there is a specific allegation about the demand of ransom from them. A Since both the sets of statements bear the signatures of Faqir Muhammad, Inspector, C.I.A. the allegation of the petitioner that the mention of ransom was made to aggravate the nature of the offence has some substance: Accordingly, it is directed that a case under section 194, P.P.C. be registered against him at Police Station Depalpur.

5. D.I.-G. Lahore Range is directed to depute any officer senior in rank to Faqir Muhammad, Inspector to investigate the case. The petition is disposed of with the above direction.

N.H.Q./A-112/L

Writ petition accepted.