Mst. NOOR BAKHT vs STATION HOUSE. OFFICER, POLICE STATION BHAWANA

' Facts giving rise to the instant petition are that four minor children were allegedly abducted.. A case was registered vide F.I.R. No,258, dated 10-8-2001, under section 364, P.P.C. Police Station Sillanwali, District Sargodha with regard to the said occurrence. The very next day two of the afore- referred children, namely, Mst. Irshad Bibi and Mst. Lqbal Bibi were murdered. This subsequent occurrence is subject-matter of another case registered vide F.I.R. No,254 dated 9-8-2001, under sections 302/34/109, P.P.C. Police Station Bhawana, Tehsil Chiniot, District Jhang. Both the cases were registered in two different Districts on account of different places of the alleged crimes. The challan in the case of double murder (F.I.R. No,254 dated 9-8-2001, under sections 302/34/109, P.P.C., Police Station Bhawana, Tehsil Chiniot, District Jhang) was duly submitted in the learned trial Court and the learned Additional Sessions Judge, Jhang (Mr. Muhammad Yousaf, Additional Sessions Judge) is seized of the same. However, despite a lapse of almost two years, the final report/challan under section 173, Cr.P.C. In the case vide F.I.R. No,258 dated 10-8-2001, under section 364, P.P.C. Police Station Sillanwali, District Sargodha has not so far been submitted. The prayer made in the instant petition is that a direction be issued to the concerned Police Officer to submit the final report under the afore-referred provision of law before the same Court which is seized of the double murder case of the abducted children.

2. In view of the serious alleged lapse - on the part of the Investigating Agency this Court was persuaded to direct the learned Additional Advocate-General to get in touch with the authorities concerned in the police hierarcy, find out the factual position and assist the Court.

3. The learned Additional Advocate-General submits, on instructions, that the case registered vide F.I.R. No,258, dated 10-8-2001, under section 364, P.P.C., Police Station Sillanwali, District Sargodha with regard to the abduction of minors Irshad Bibi, Iqbal Bibi, Hakim and Mehdi is still under, investigation; that the investigation was delayed for a variety of reasons including lapses on the part of the 4concerned Investigating Officers. He however, adds that the District Police Officer, Sargodha has taken note of the afore-referred situation and has directed the concerned S.H.O. To conclude the investigation within a week so as to submit the final report under section 173, Cr.P.C.

Within the afore-referred period. On a Court query, the learned Law Officer further added that there is no provision in the Police Rules which could enable the District Police Officer, Sargodha to transmit the final report under section 173, Cr.P.C. Before the Court trying the case of the subsequence occurrehce which is subject-matter of the case registered vide F.I.R. No,254. The State, he lastly submitted, in the afore-referred circumstances, would have no objection if the final report under section 173, Cr.P.C. In the abduction case, is directed to be submitted before the same Court trying the murder case.

4. Having heard petitioner's learned counsel and the learned Law Officer I am of the view that the later has taken very fair stand. The surrounding circumstances in both the afore-referred cases reflect a series of acts and are so connected that they, prima facie, constitute same transaction.

Section 235, Cr.P.C. Mandates asunder:-- 5.

235. Trial for more than one offence.--- (1) If in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.

(2) Offence falling within two definitions.--- If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for, each of such offences.

(3) Acts constituting one offence, but constituting when combined a different offence.--- If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and' tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

(4) Nothing contained in this section shall affect the Pakistan Penal Code, section 71."

5. In view of the afore-referred provision of law and as the State has no objection I am inclined to direct the District Police Officer, Sargodha to ensure tliat the final report under section 173, Cr.P.C. In the case registered vide F.I.R. No,258, dated 10-8-2001, Police Station Sillanwali, is submitted before the learned Additional Sessions Judge, Jhang, seized of the trial in the case registered vide F.I.R.

No,254, dated 9-8-2001, under sections 302/34/109, P.P.C. Police Station Bhawana, Tehsil Chiniot, District Jhang, within a week of the receipt of this order. As offences alleged are rather heinous and as the State has already been indolent to bring the accused to justice, 1 direct the learned trial Court to ensure that the trial of both the cases is conducted together and is concluded within five months of the receipt of this order under intimation to the Registrar of this Court. A copy of this order shall be sent to the learned Sessions Judge, Jhang for information and necessary compliance. The District Police Officer, Sargoda shall also be transmitted a copy of this order to probe into the delayed investigation, to fix responsibility and to proceed against the delinquent Police Officers under intimation to the Additional Registrar (Judicial) of this Court. He shall complete the exercise within 30 days of the receipt of this order. This petition is disposed of with the above observations.