TIKA KHAN Versus S.H.O

ORDER

1. Briefly stated that on 10-4-1993 a man and a woman came to the shop of the petitioner to purchase utensils. After the bargaining they handed over to petitioner a currency note of the denomination of Rs.1,000 which he suspected to be bogus. When he brought it to the notice of the aforesaid customers, they threatened him of dire consequences. This ugly incident was witnessed by most of the shopkeepers of the Bazar who collected -there and by availing the chance both of them slipped away.

2. Grievance has been voiced through this Constitutional petition that after some time aforestated man and woman came alongwith the Moharrir of Police Station City Nankana in the company of 4/5 constables and took the petitioner to police station and deprived him of Rs.1,200. He was also kept for quite a long time in illegal confinement.

3. Comments were called for from the D.S.P., wherein he has put up a different story. According to him on 10-4-1993 two old women came to the shop of the petitioner who deals in metal utensils. They purchased some utensils from him but when the shop-keeper prepared the bill which was of high rates then both the ladies refused to purchase the utensils and demanded their money back from the petitioner. At this the petitioner flew into a rage and he not only rebuked the old ladies but also gave them beating. Being aggrieved both the women came to the police station and narrated the whole story to the Moharrir. The Moharrir solely on the humanitarian ground summoned the petitioner, who came to the police station alongwith his brother Muhammad Ayyub. A meeting between the parties was arranged during which the petitioner admitted his fault and returned the money of the old ladies.

4. When S.H.O. was asked to point out whether any report respecting this incident at the behest of the aforesaid ladies was recorded, the answer was in the negative. He categorically stated that no record whatsoever has been kept of this incident.

5. I am not satisfied with the report submitted by the D.S.P. Accordingly it is directed that case be registered for the occurrence which took place on 10-4-1993. The petitioner is directed to approach the S.H.O. alongwith his medical report who shall register the case at his instance.

6. I have also asked Mr. Irfan Qadir, learned A.-G. to take up this matter with S.S.P., Sheikhupura who shall entrust this matter for investigation to some senior police official.

7. The writ petition is disposed of with the above observation,

8. N.H.Q./T-66/L

9. Order accordingly.