Application before Justice of Peace for lodging of F.I.R. against police officials---Ulterior motives of complainant

Citation Name : 2014 MLD 1033 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD WARIS
Side Opponent : STATION HOUSE OFFICER
Ss. 22-A & 154---Application before Justice of Peace for lodging of F.I.R. against police officials---Ulterior motives of complainant---Effect---Complainant/applicant filed an application before Justice of Peace contending that accused-police officials entered his house, maltreated womenfolk causing them injuries, due to which his pregnant wife also lost her unborn child---Justice of Peace refused application of complainant---Validity---Complainant failed to produce any medical certificate/treatment regarding alleged abortion of his wife as well as injuries sustained by other women---Brother of complainant had been challaned in two cases by the concerned police station, from which accused police officials belonged---Record showed that one of the police officers who allegedly entered complainant's house remained suspended from duty much before the incident, and thereafter he was posted at another city---Such facts were self-explanatory to falsify the allegations levelled by the complainant, which failed to prima facie establish that a cognizable offence had been made against the accused-police officials---Application of complainant was dismissed with the observations that it was mandatory for the court to keep strict check over the highhandedness of the police, but at the same time (court had to consider) the aspect of discouragement and humiliation of police at the hands of criminals with ulterior motives for creating deterrence by approaching the Justice of Peace for lodging of F.I.R., so that police may not take action against them.

Citation Name : 2013 SCMR 16 SUPREME-COURT
Side Appellant : GHULAM FARID
Side Opponent : State
S. 397---Penal Code (XLV of 1860), Ss.302/449/338-A---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12---Constitution of Pakistan, Art. 188---Qatl-e-amd, house-trespass in order to commit offence punishable with death, isqat-i-haml, kidnapping or abducting in order to subject person to unnatural lust---Review of Supreme Court judgment---Plea for concurrent running of sentences, dismissal of---Two different murders committed at different places---First F.I.R. was registered against accused for the murder of deceased, whom accused suspected of spreading the rumour that he (accused) had committed zina with his own daughter as a result of which she got pregnant and had to carry out an abortion ---Second F.I.R. was registered against accused, an hour after the first one, for the murder of his own daughter, with whom he allegedly had developed illicit liaison and got her pregnant---Accused was convicted and sentenced for both the murders---Contentions of accused were that motive for both murders was same and they took place on the same day; that both murders were part of the same transaction, therefore, his sentences should run concurrently---Validity---Two different murders had been committed at two different places; one at the house of the deceased and second at accused's own house---Wife of accused appeared during trial to allege that the accused developed illicit liaison with his own daughter; that abortion of his daughter's pregnancy was carried out at his asking; that when the act became public he not only murdered the deceased, whom he suspected of spreading rumours, but also his own daughter, who had become a symbol of his sin---Son of accused also appeared during trial and corroborated the version of his mother (wife of accused)---Accused not only committed gruesome murder of two persons but his conduct reflected a morbid, perverse and depraved character---Review petition was dismissed in circumstances.