ORDER IJAZ AHMAD CHAUDHRY, J.- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of case FIR No. 541/05, dated 11.9.2005 registered under section 401, PPC at P.S. Harbanspura, Lahore on the application of Arshad Khan, S.I.
2. The brief allegation in the FIR is that the complainant Arshad Khan, S.I. Received secret information through an informer that 2/3 persons were sitting in the Garden near Saghir Town with the intention to commit the offence. The raiding party apprehended them;, one of them Muhammad Nadeem succeeded in running away while the petitioner Abdur Rehman alias Rehman was apprehended who was armed with 30 bore pistol and his co-accused Muhammad Nadeem alias Doctor Nadeem got recovered Mobile Phone. Moreover, Motorcycle bearing registration No. 1395-LZO was also found parked there which was claimed by property. The same was taken into possession under section 550, Cr.P.C.
3. Learned counsel for the petitioner contends that the FIR is liable to be quashed on the ground that the Motorcycle bearing registration No. 1395-LZO was owned by the father of the petitioner namely Muhammad Sharif which was stolen on 3.9.2005 at 9.30 p.m. And case FIR No: 432/05 was got registered at P.S. Shalimar, Lahore, on 4.9.2005 in this connection under sectional-A, PPC. It is also contended that Arshad Khan complainant of this case summoned the petitioner at Harbanspura Police Station "and told him that Motorcycle has been recovered and the accused has been arrested and also demanded an amount of Rs. 70,000/- out of which Rs. 35,000/- were paid. The petitioner was summoned alongwith his father but he was not set at liberty and subsequently was involved in the present case alongwith two other accused with mala fide intention and ulterior motive, It is also contended that in order to grab the Motorcycle and alleged amount this case has been registered while the petitioner has been discharged from FIR case No. 504/05 registered on 8.6.2005 at P.S. Baghbanpura under section 392, PPC in which the petitioner was apprehended after his arrest.
4. SHO P.S. Harbanspura is present and states that the petitioner and his co-accused had the intention to commit the offence and his co-accused Was also involved in the other cases. Supports the registration of the case against the petitioner and denies the receiving of amount.
5. I have heard the learned counsel for the parties and also perused the record. SHO who is present alongwith Arshad Khan, S.I. Both have failed to show that how they came to know about the intention of the petitioner for commission of offence as alleged in the FIR. The documentary evidence has been produced by the petitioner in support of his contention, that case FIR No. 432/05 was got lodged by the petitioner on 4.9.2005 at P.S. Shalimar under section 381-A, PPC for the theft of Motorcycle bearing registration No. 1395-LZO committed at 9.30 p.m. On 3.9.2005 and the said case was under investigation. The fact of the registration of the case and the recovery of Motorcycle in case FIR No. 541/05 being parked near the place where the petitioner and co- accused were arrested by Arshad Khan, S.I. Prima facie support the contention raised by the learned counsel for the petitioner and the possibility cannot be ruled out for registration of this false case against the petitioner in order to grab the Motorcycle which has been recovered by the police during investigation of case FIR No. 432/05 registered at P.S. Shalimar. The factum of the registration of this case and subsequent involvement of the petitioner in another case FIR No. 504/05 which was registered on 8.6.2005 at P.S. Baghbanpura under section 392> PPC against the unknown accused persons show mala fide. The order dated 14.9,2005 passed by the learned Magistrate lst Class, Lahore Cantt. Shows that the petitioner was also involved in case FIR No. 487/05 of P.S. Harbanspura due to suspicion and he was released/discharged as nothing was recovered after two days remand. This is a clear case of abuse of process of law and mis-use of powers by the police as the police has failed to show the reason for registration of the case or how the intention of the petitioner was known to the police about the commission of the offence. Hence I have no option except to accept the version of .The petitioner that he is being victimized by the Police mala fidley for some ulterior motive.
6. Resultantly this writ petition is accepted and case FIR No.-541/05, dated 11.9.2005 registered under section 410, PPC at P.S. Harbanspura, Lahore, is hereby quashed.
7. Before parting with this order, the CPO Lahore is directed to look into conduct of Kashif Khalil Inspector/SHO and Muhammad Arshad, S.I. Of P.S. Harbanspura into the allegations levelled by the petitioner, noted by this Court above and also contained in the application (Annex. 'F1 of the writ petition) submitted by the father of the petitioner Muhammad Sharif and take departmental action on the administrative side. Both of them shall be immediately removed from the present place of posting to the Police Lines till the finalization of the inquiry to ensure that they may not influence the alleged aggrieved party. Learned AAG shall telephonically inform about the compliance of this order. Moreover, since the allegation of receiving illegal gratification has been levelled by the petitioner, it is directed that if the petitioner moves application to the Addl. Director Anti-Corruption Establishment, Lahore, for registration of the case he shall act in accordance with law.