' TARIQ SHAMIM, J.--- Through this petition, the petitioner has challenged the orders of the learned Judicial Magistrate 1st Class, Alipur, dated 18-10-2003 whereby case F.I.R. No,224 of 2000 dated 22- 10-2000 for offences under sections 10 of the Offence of Zina (Enforcement of Hudood Ordinance, 1979, 452/337-H(iii), P.P.C. And A 13/20 of Pakistan Arms Ordinance, 1965 registered at Police Station Sadar Alipur was cancelled on the police report and the orders of the learned Judicial Magistrate 1st Class, Alipur dated 3-1-2006 whereby report submitted under section 173, Cr.P.C. In the aforesaid F.I.R. Was consigned to the record as being not proceedable.
2. The brief facts of the case are that the petitioner lodged F.I.R. No,224 of 2000 dated 22-10-2000 for offence under sections 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, 452/ 337-H(ii), P.P.C. And 13/20 of Pakistan Arms Ordinance, 1965 registered at Police Station Sadar Alipur against respondents Nos.3 to 6 on the allegations that respondent No,3 while armed with pistol had committed Zina with the complainant. The police after a thorough investigation submitted a cancellation report with the learned Judicial Magistrate 1st Class, Alipur on the ground that during the course of investigation, the story of the F.I.R. Was found to be baseless and concocted. The learned Magistrate agreed with the report submitted by the police and the file was consigned to the record. The police, thereafter, again submitted report under section 173, Cr.P.C. In the aforementioned F.I.R. On 11-12-2003 before the learned Magistrate for offence under sections 13 of the Arms Ordinance, 1965 and 452/337- H(ii), P.P.C. After hearing the parties and perusing the record, the learned Magistrate on the objection of the learned counsel for the accused i,e, respondents Nos.3 to 6 to the effect that the instant F.I.R. After investigation having been cancelled by the predecessor of the learned Magistrate vide order, dated 18-3-2003 did not exist on the relevant register, dismissed the report as being not proceedable in the eye of law vide order, dated 3-1-2006.
3. Learned counsel for the petitioner contends that the order dated 18-10-2003 as well as the order dated 3-1-2006 passed by the learned Judicial Magistrate 1st Class, Alipur were illegal as the police in connivance with the accused party had investigated the matter in a partial manner without considering -the version of the prosecution and the recoveries effected from the accused. Further submits that the cancellation report under section 173, Cr.P.C. Was submitted before the learned Illaqa Magistrate on 18-10-2003 and on the same day, the learned Magistrate had agreed with the same without probing into the matter. Thus, the order shows that there was no application of judicial mind by the Magistrate and that the same was passed in a mechanical manner. Also contends that the order, dated 3-1-2006 was also not a speaking order as it is a mere ascent by the Judicial Magistrate with his predecessor who had passed the earlier order, dated 18-10-2003 cancelling the case.
4. On the other hand, the learned Additional Advocate-General submits that the order, dated 18-3- 2003 was passed by the learned Magistrate after agreeing with the findings of the police and since the same was passed more than two years and eight months back had attained finality and could not be challenged at this belated stage.
5. Learned counsel appearing on behalf of respondents Nos.3 to 6 submits that since the F.I.R. Stood cancelled vide the impugned order as such the F.I.R. Was no more on the relevant register hence the filing of a second report under section 173, Cr.P.C. On the basis of a cancelled F.I.R. Was uncalled for. Since the said order had not been challenged by the petitioner, it had attained finality and could not be challenged through a constitutional petition after a lapse of more than two years.
6. I have heard the learned counsel for the parties and perused the record.
7. It is an admitted fact that F.I.R. No,224 of 2000 had been cancelled by the learned Judicial Magistrate vide order, dated 18-10-2003 on the findings of the police that the story of the F.I.R. Was baseless and concocted. After the cancellation of F.I.R. Through process of law, the F.I.R. Ceased to exist on the relevant register maintained under the police rules. Submission of second report under section 173, Cr.P.C. In the same F.I.R. Which stood cancelled by the order of a competent Court was uncalled for and in total disregard of the law. Since the order, dated 18-10-2003 was not assailed by the petitioner before any Court through revision or appeal or a constitutional petition, the same had attained finality.
8. Further, the order essentially challenged through this constitutional petition was passed on 18- 10-2003 whereas the instant writ petition was filed on 3-1-2006 i,e, after a lapse of more than two years, hence, the same is hit by the principle of laches. Reliance is placed on the cases of Khiali Khan v. Haji Nazir and 4 others PLD 1997 SC 304 and Secretary, Housing and Physical Planning Department, Lahore and others v. Muhammad Sadiq and others 2006 SCM R 922.
9; The order of the learned Magistrate dated 3-1-2006 is also legal and does not suffer from any illegality or material irregularity calling for interference by this Court in is constitutional jurisdiction.
10. In view of what has been discussed above, the petition being without merit is dismissed.