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Provisional Constitution Order (1 of 1981)- Art. 9 read with Penal Code (XLV of 1860), S. 302 and Criminal Procedure Code (V of 1898), S. 154-Murder-Capital and cognizable offence-Normally, a person would not dare to falsely accuse another for such a heinous offence-Petitioner crying hoarse about murder of her brother which could not be without any legitimate cause--­Held, entitled to registration of a case for murder of her brother­ Registration of a case against accused ordered in circumstances of case Khuda ` Bakhsh v. Province of West Pakistan and another P L D 1957 Lah. 662 and Malik Muhammad Aslam v. S. H. O. Police Station Saddar etc. N L R 1981 Cr. 181 held not applicable.-[First Information Report]. Khuda Bakhsh v. Province of West Pakistan and another P L D 1957 Lah. 662 and Malik Muhammad Aslam v. S. H. O., Police Station Saddar etc. N L R 1981 Cr. 181 held not applicable. JUDGMENT Mst. Sattan daughter of Thiraj, resident of Chak No. 63/R. B. District Faisalabad, had filed this petition under Article 9 of the Provisional Constitution Order, 1981, against Malik Ghulam Muhammad, S. H. O., Police Station Khurarianwala and S. S. P., Faisalabad. She is the real sister. of Abdul Sattar alias Sattar who, according to her, was murdered on the night between 10/11th April, 1981, in his residential Haveli. She blamed respondent No. 1 and others for the murder. 2. The detailed circumstances under which her brother was done to death are given in Annexure (A) and need not be repeated here. It is alleged that in order to create defence and to conceal the commission of murder, respondent No. 1 lodged an F. I. R. on 11-4-1981 at his Police Station. A copy of the F. I. R. is added as annexure (B) to this petition. It is further alleged that respondent No. 1 in order to create terror, involved the petitioner, her sister Mst. Bakhi, Mst. Zohra-minor daughter of Sattar deceased and her other family members. According to the petitioner, the F. I. R. at the instance of respondent No. 1 is false. She is sure that the persons named in the said F. I. R. were never declared as proclaimed offenders, hence there was no occasion to arrest them. 3. With regard to the other…

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