RAFAQAT ALI Versus AHMAD JAN, SHO, POLICE STATION INQALAB, PESHAWAR

IJAZ ANWAR, J.--- This writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:-

"It is, therefore, humbly prayed that on acceptance of this petition/complaint:-

Firstly, to direct respondents Nos. 2 to 4 to immediately register an FIR against the respondent No.1 and arrest him for his criminal acts and thereafter properly investigate the case.

Secondly, to issue stern/strict directions to respondent No. 1 to immediately return all the looted and plundered valuables of the petitioner as mentioned below in the body of this writ petition with immediate effect;

Thirdly, to direct the respondents Nos. 2 to 4 to initiate strict departmental disciplinary proceedings against the respondent No.1 to suspend him and to expel him such like black sheep from police department and to make him an example for the others as such like criminals cannot be retained in police Department; and

Any other relief which this Hon'ble Court deems appropriate in the circumstances of the case may kindly also be granted".

2. In essence, petitioner was initially charged in case FIR No.722 dated 09.12.2019 under sections 302/311/200/201/109, P.P.C., however, he was later granted ad-interim pre-arrest bail vide order dated 04.01.2020 by the learned Sessions Court concerned. Subsequently, as per the contents of this petition, respondent No.1 raided the house of the petitioner on 13.01.2020, wherefrom, he along with his father and brother were arrested and violated the order of the learned Sessions Court and also took away cash amount and gold made ornaments and charged them in case FIR Nos. 25, 26 and 27 for recovery of Kalashnikov. After the release of the brother of the petitioner on bail, he filed an application before the respondent No.4 for taking legal action against the SHO/respondent No.1, however, no action was taken on it. Thereafter, petitioner filed an application under section 22-A, Cr.P.C. before the learned Sessions Judge, Peshawar for registration of FIR against the respondent No.1, however, the same was dismissed vide order dated 13.10.2020. Hence, this writ petition.

3. Arguments heard. Record perused.

4. It is the case of the petitioner that though, earlier he was booked in case FIR No.722 dated 09.12.2019 under sections 302/311/200/ 201/109, P.P.C., however, he was on ad-interim pre-arrest bail from the Court of learned Additional Sessions Judge-XI, Peshawar when on 13.01.2020, respondents/Police raided his house and arrested him and besides, also took valuable things including cash amount from his house. His application under section 22-A, Cr.P.C. was, however, declined by the learned Additional Sessions Judge-I/Justice of Peace, Peshawar vide order dated 13.10.2020. The record, however, depicts different story. In the case FIR No.722 dated 09.12.2019, petitioner along with his brother and father were charged. Though, petitioner was on ad-interim pre-arrest bail, albeit, his father and brother were absconding in that case and it was on 13.01.2020 that the respondent-SHO along with Lady Constable raided his house and arrested him along with other co-accused, found in possession of Kalashnikov and thus, the co-accused were arrested in case FIR No.722 dated 09.12.2019, besides, another case was registered under section 15-AA, wherein, the present petitioner was arrested. We have not found violation of the order of the learned Sessions Court, because, petitioner was on ad-interim pre-arrest bail in case FIR No.722 dated 09.12.2019, however, he was shown arrested under section 15-AA for having a Kalashnikov. The above circumstances clearly show that the respondent-Police were performing their statutory duties and application filed under section 22-A, Cr.P.C. for registration of FIR was having no basis but appears to be counterblast for the case registered under section 15-AA.

5. In view of the above, we find no illegality or irregularity in the order of the learned Additional District Judge/Justice of Peace. Accordingly, this writ petition, having no merits, stands dismissed.

SA/97/P Petition dismissed.