IN
THE COURT OF LEARNED SESSIONS JUDGE, Rawalpindi.
Muhammad Fayaz S/o Muhammad Hamad, R/o Dhok Paracha, Tehsil and District Rawalpindi.
………..Petitioner
Versus
1.
The City Police Officer, Rawalpindi
2.
The Station House Officer, Police
Station Westrige, Rawalpindi
………..Respondents
PETITION
UNDER SECTION 22-A & 22-b Cr.P.C.
Respectfully Sheweth:
That the facts relevant to this
petition are briefly stated as under:-
1.
That the Petitioner is the complainant
of a case FIR No.117 dated 19.7.2009, under section 324, 148, 149 PPC (Pakistan
Penal Code 1860 )registered with P.S Bani Rawalpindi, which case was got
registered by the petitioner against Shakeel Ahmad S/o Muhamamad Khalil, Muhammad
ilyas, S/o Zeeshan Ali, Muhammad Rahim S/o Sohail Malik, Shehzad Ali S/o Fazan
Ali, Malik Abid S/o Haji Abdul and 5 others.
Copy of the FIR is Annexed herewith as Annexure-A.
2.
That on 19.7.2009 at about 2230 hours,
the above said persons duly armed with
deadly weapons attacked on the complainant and made firing with deadly weapons
on the house of the complainant, resultantly one of the bullet so fired by Shakeel
Ahmad with his pistol, hit the left leg of Mst. Sania Bibi (the younger sister of the
complainant).
3.
The Police of P.S Bani Rawalpindi, reached
at the place of occurrence conducted the necessary investigation and 32 / 33
crime empties of different weapons, were also collected from the place of
occurrence. The injured Mst. Sania Bibi
was medically examined and as a result of the serious injury sustained
by her, she remained hospitalized for a considerable period.
4.
That some of the above said persons / accused applied for
bail before arrest in the instant case which was declined by Mr. Mehmood Ahmad
Malik, Learned ASJ Rawalpindi, but the accused party who is very influential in
Police Department as well as in political circle, managed to declared
themselves innocent by the I.O of the instant case, which act of the
Investigating Officer in league with
accused party, is illegal, unlawful, unauthorized and based upon malafide and
the investigation so conducted by the I.O of the instant case of P.S Bani
Rawalpindi is quite partial, rather the same is based upon conjecturer, surmises and the same is tainted
with malafide.
5.
That the petitioner, inured (Mst. Sania Bibi), PWs and number of persons of the locality where the occurrence took
place approached the Respondents and informed them spade spade that the I.O has
conducted partial investigation in league with the accused person and requested
for appropriate order for impartial investigation by an honest higher rank
Police officer, but of no avail.
6.
That when a law requires a thing to be
done in a particular manner that has to be done in that manner alone and if the
same acts contrary to the same is acting without lawful authority or in excess
of his authority.
7.
That all the public functionaries who
hold office in trust to the general public and their omission to comply the
said duty is violative the spirit of such assignment under the law.
8.
That this Court as Justice of Peace is
competent under the law to direct the respondents to act in accordance with
law, if some obduracy, reluctance has been shown provenly or action of the
respondents is glaringly contrary to law.
9.
That the Petitioner has no other
efficacious and speedy remedy except to invoke the jurisdiction of this
Honourable Court as Justice of Peace.
It is, therefore, respectfully prayed
that petition may kindly be accepted and the respondent No.2 may graciously be
directed to act in accordance with law and to add the sections 420, 467, 468,
471, 406 PPC in the FIR and arrest the accused persons, in the interest of
justice.
Any other relief, which this court
deems just and proper may also be granted.
Petitioner
Through:
Name of Advocate / Lawyer
Advocate high court,
Rawalpindi
IN
THE COURT OF LEARNED SESSIONS JUDGE, ISLAMABAD.
PETITION
UNDER SECTION 22-A & 22-b Cr.P.C.
Muhammad Fayaz Vs City
Police Officer etc.
AFFIDAVIT
I, Muhammad
Fayaz S/o Muhammad Hamad, R/o Dhok
Paracha, Tehsil and District Rawalpindi, do hereby solemnly
affirm and declare that the contents of the above titled Petition are true and
correct to the best of my knowledge and belief and nothing has been concealed.
Deponent..........................
It is further certified on _____ Dec 2009, at Rawalpindi
that the contests of this Affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed.
Deponent..........................
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