' In this Constitutional petition, the petitioners have prayed for quashment of F.I.R. No,236 of 2004 dated 27-4-2004 under sections 337-H(ii), 148, 149, 452, 506, P.P.C. Registered at Police Station Ghazi Abad, Lahore. They have also prayed for setting aside order, dated 5-11-2004 passed by respondent No,2 (Judicial/Maga Magistrate, Police Station Ghazi Abad Calm. Courts Lahore).
2. Relevant facts for the disposal of this writ petition are that Muhammad Akhtar (respondent No,3) submitted application before police on 27-4-2004 that he owned property (Land measuring 1-1/2 Kanals situated in village Harbanspura) and he had constructed boundary walls. He further stated that boundary walls were damaged due to rain, therefore, he started construction of the same. He maintained that on 24-4-2004 he was constructing the boundary walls and at about 2-00 p.m.
Awais Rasheed, Shahid and Amjad Rasheed armed with pistols along with three persons who were armed with daggers reached the spot. Awais Rasheed and Amjad Rasheed raised Lalkara whereupon Shahid Rasheed and Amjad made firing with their pistols and they ran away to save themselves. He raised alarm whereupon Shamshad Ali son of Suleman Khan and Abdul Ghani son of Nazir Ahmad and other persons reached the spot and rescued them. He stated that earlier Awais Rasheed and Amjad Rasheed had tried to occupy his land but failed. On his application present case was registered against the accused. The investigation was conducted by local police but case was found to be false and discharge report was accordingly prepared on 27-7-2004. The discharge report was produced before Illaqa Magistrate (respondent No,2) but he disagreed with the report vide, order, dated 5-11-2004. Hence this writ petition.
3. On 28-1-2005 S.H.O. (respondent No,1) was directed to submit report and parawise comments.
According to his report, during investigation the allegations levelled in F.I.R. Were found to be fake and bogus by the Investigating Officer, therefore, he (1.0.) prepared discharge report. He has further mentioned that he perused the file and prepared report in earlier Writ Petition (No,20485 of 2004).
He has also mentioned that on the submission of discharge report, Illaqa Magistrate disagreed with the discharge report of the police and ordered them to submit challan.
4. I have heard the arguments and perused the record.
5. As mentioned above Muhammad Akhtar, respondent No,3 got registered said case against the petitioners but during investigation case was found to be false and discharge report was accordingly prepared. However, Illaqa Magistrate disagreed with the report and directed the police to submit challan. The petitioners have prayed for quashment of F.I.R. And order dated 5-11-2004 on the following grounds:---
(a) That there is no incriminating or substantial material available on the records which connect the accused with the commission of alleged offences.
(b) That prima facie no case is made out against the present petitioners.
(c) That the Investigation Officer has declared all the present petitioners innocent.
(d) That the complainant up till today has failed to produce any evidence against the present petitioners.
(e) That the petitioner is law-abiding citizen of the State and he had committed no crime.
(f) That the impugned F.I.R. Is based upon false concocted and frivolous allegations, with mala fide intentions and for ulterior motive just to blackmail and harass the petitioners.
(g) That there is an inordinate delay in lodging the F.I.R. As such it is crystal clear that the instant case has been got registered malafidely after preparation in connivance with local police.
(h) That F.I.R. Was registered after the delay of 3 days, which is actually afterthought and after planning.
(i) That the contents of the F.I.R. Itself shows it is a matter of civil nature and due to grudge of civil litigation the respondent No,3 has malafidely lodged F.I.R. Against the present petitioners.
(j) That the respondent No,3 has involved all the other family members who are independently residing at their own separate homes malafidely to blackmail the present petitioners for ulterior motives.
(k) That the petitioner is law-abiding citizen of the State and has committed no offence.
(1) That the impugned F.I.R. Is based on false, and frivolous allegation levelled against the petitioners mala fide and for ulterior motives just to blackmail and harass the present petitioners.
(m) That complainant/respondent No,3 is a criminal and habitual cheater and blackmailer, who has filed the instant F.I.R. Just to usurp the property of the present petitioners.
(n) That if the impugned F.I.R. No,236 of 2004 dated 27-4-2004, shall not be quashed, declared illegal, the petitioners shall suffer an irreparable loss and injury.
(o) That the petitioner has left no other efficacious remedy except to invoke the extraordinary jurisdiction of this Honourable Court."
' Qadir Bakhsh, A.S.-I. Who is present in Court states that investigation was conducted by Muhammad Akram, S.-I. (Investigation) and he found the petitioners to be innocent. He further states that thereafter investigation was verified by Safdar Ali, S.-I. Incharge Investigation, Police Station Ghazi Abad and that complainant did not appear before D.S.P. (Investigation) despite his direction. The report dated 27-7-2004 prepared by Musa Kaleem, S.-I./S.H.O., Police Station Ghazi Abad shows that during investigation no empty was recovered nor complainant. Produced the same before Investigating Officer. Also that respectables of the locality and Mohallah' stated that no such occurrence had taken place and complainant got registered a false case against Awais Rasheed etc., therefore, accused/petitioners are found to be innocent. As such I find that there is no need to further proceed in the matter.
6. It is pertinent to note that earlier petitioners filed Writ Petition No,20485 of 2004 and S.H.O. Was directed to submit report and parawise comments. He mentioned in his report and parawise comments that "the petitioners shall suffer no loss the F.I.R. Has been cancelled", whereupon the petition brought by the petitioners had been dismissed as withdrawn vide order, dated 12-1-2005.
Later on respondent No,2 on 5-11-2004 directed the police to submit challan in Court. However, in the circumstances of the case, I find that there was no justification for directing the police to submit challan as during investigation it was found that no such occurrence had taken place. It Would be abuse of process of law if the proceedings continue. As such F.I.R. No, No,236 of 2004 is liable to be quashed. Learned Law Officer (Ch. Muhammad. Suleman, Additional Advocate- General) also concedes the proposition.
7. The upshot of the above discussion is that this writ petition is allowed and F.I.R. No,236 of 2004 dated 27-4-2004 under sections 337-H(ii), 148, 149, 452, 506, P.P.C. Registered at Police Station Ghazi Abad, Lahore and order dated 5-11-2004 passed by respondent No,2 are, quashed.