Mst. RASHEEDA BEGUM vs Malik MUHAMMAD AFZAL and 5 others
This matter arises from a petition filed by the petitioner, the first wife of respondent No. 1, alleging that respondents Nos. 1 to 3 attacked her with Sotas, resulting in a fractured right arm and other injuries, as supported by the medico-legal report. The core legal question concerns the registration of a criminal case regarding the alleged cognizable offences of causing hurt and removing valuables. The Lahore High Court held that the grievances of the petitioner required official redress and accordingly directed the Senior Superintendent of Police, Sialkot, to hear the petitioner, direct his subordinates to forthwith register a case against the delinquents, and submit a compliance report to the Deputy Registrar (Judicial) of the Court within a fortnight. The petition was disposed of with these observations.
- Whether the High Court can direct the police authorities to register a criminal case upon a grievance regarding cognizable offences?
- Is a medico-legal report considered relevant for assessing injuries when directing the registration of a case?
ORDER
' Learned counsel contends that the petitioner was first wife of respondent No,1, serving as Inspector in the Punjab Police, whereas respondent No,2 is the third wife and respondent No,3 is his brother- in-law being brother of the latter wife. It is stated that due to two wives residing with respondent No,1 there was a continuous dispute in the family with the result that respondent No,1 took separate residence. However, on 4-12-2000 the petitioner was present in her house when respondents Nos.1 to 3 armed with Sotas attacked the petitioner as a result of which her right arm was fractured. She also suffered injuries on the back and other parts of the body. The version of the petitioner is supported by the medico-legal report appended with the petition.
2. S.S.P., Sialkot (respondent No,5) is directed to hear the grievance of the petitioner and thereafter direct his subordinates to forthwith register a case against the delinquents for causing hurt and removing the valuables. He shall submit his report to the Deputy Registrar (Judicial) of this Court within a fortnight.
3. With this observation this petition stands disposed of.