' SH. ABDUL RASHID, J.---Through this petition the petitioners seek quashment of F.I.R. No,56 dated 24-3-2004 under sections 379/411, P.P.C. Registered at Police Station Massan District Jhang on the report of Muhammad Khan, A.S.-I. Police Station Massan. According to the prosecution allegation set up in the F.I R. On 24-3-2004 the petitioners had committed theft of forest wood belonging to the Forest Department and the said wood was being loaded on the trucks and seeing the police party some of their co-accused made good their escape whereas the petitioners were apprehended and after completion of the investigation they stand now challaned to the Court.
2. It is pleaded on behalf of the petitioners that during police investigation Muhammad Azeem, Sub-Divisional Forest Officer of Jhang Sub-Division stated that the wood allegedly recovered in this case did not belong to the Forest Department and no theft of the forest wood had been committed by the petitioners and that the petitioners had purchased the wood from Zamindars and were loading the same in the trucks who were apprehended by Muhammad Khan, A.S.-I. And false case had been made out against them. Muhammad Azeem, Sub-Divisional Forest Officer is present in Court today and he has submitted a copy of his report submitted to the Magistrate which shows that the wood of Kikar which was recovered in this case was debarked and was extracted along with roots and was of different sizes and did not resemble the forest wood with respect to texture and colour and that the wood was hard as compared to the soft wood of the forest and the said wood did not belong to the Forest Department and even today he states that the wood allegedly recovered in this case by Muhammad Khan, A.S.-I. Does not belong to the Forest Department and no theft of forest wood had been committed.
3. In this view of the matter it is apparent that Muhammad Khan, A.S.-I. Had made a false case against the petitioners. The F.I.R. Is quashed and the wood allegedly recovered in this case will be returned to the petitioner forthwith and D.S.P. Legal Jhang will ensure the said restoration under intimation to this Court.
4. Muhammad Khan, A.S.-I. Has made out a false case against the petitioners and had effected their arrest in a capricious manner D.P.O., Jhang is directed to place him under suspension and initiate legal action against him.
F.I.R Quashed.