' M.A. SHAHID SIDDIQUI, J.---Through this petition under section 561-A, Cr.P.C., Muhammad Nawaz and Muhammad Pervez have prayed for quashing the proceedings pending against them in the Court of a learned Additional Sessions Judge, Lahore in case F.I.R. No,33 of 2000, dated 22-2-2000 registered at Police Station, Satto Katla, Lahore, under sections 148, 302, 149 read with section 109, P .
P.C .
2. The prosecution's case, in brief, is that on 21-2-2000 at 5.15 p.m. Muhammad Ashfaq, complainant and Ghulam Hussain P.Ws. Were sitting on the electronic shop of Muhammad Aslam P.W. Situated near Azmat Chowk, Green Town, Lahore, when Mamoon Dogar accompanied by the complainant's brother-in-law Mukhtar Ahmad alias Bobi deceased came there and asked the complainant to accompany them to Mauza Khumbay. The complainant, Ghulam Hussain and Muhammad Aslam P.Ws. Joined Mamoon Dogar on another motorcycle. Mamoon Dogar was 10 karams ahead of the complainant when Malik Riaz alias Shaukat suddenly emerged with a .30 bore pistol from a watercourse near Phase-II, 6-4 WAPDA Town, Lahore, and opened fire hitting on the back of the head of Mukhtar Ahmad alias Bobi who was sitting on the rear seat of the motorcycle of Mamoon Dogar. Zulfiqar Ali alias Bodi, Ahmad Ali alias Ahma and Ghulam Mustafa alias Matto all armed with .30 bore pistols also emerged at the scene of occurrence and fired at Mukhtar Ahmad alias Bobi. Mamoon Dogar parked his motorcycle and told Malik Riaz alias Shaukat etc. That the persons on the other motorcycles were also the companions of Mukhtar Ahmad alias Bobi and that they should also be killed. Mamoon Dogar got Malik Riaz alias Shaukat seated on his motorcycle and went away. Zulfiqar, Ahmad Ali and Ghulam Mustafa also continued to fire while running away from the scene of occurrence. Mukhtar Ahmad alias Bobi died at the spot.
3. The motive for the offence was that Mustafa etc. Had got a murder case registered against Mukhtar Ahmad alias Bobi at Police Station, Green Town in which Mukhtar Ahmad was on bail.
Muhammad Ashfaq while reporting the matter to the police added that the murder of Mukhtar Ahmad alias Bobi was committed by Malik Riaz alias Shaukat etc. Had been planned by Mamoon Dogar and his two nephews Muhammad Nawaz and Muhammad Pervaiz, the present petitioners.
The investigation was carried out by a number of Police Officers and all the accused except Asghar alias Mamoon Dogar were found innocent. Accordingly, S.H.O., Police Station, Satto Katla, submitted report,dated 8-8-2000 which is now pending in the Court of learned Additional Sessions Judge, Lahore.
4. The petitioner moved an application under section 265-K, Cr.P.C. Seeking their acquittal on the ground that there is not an iota of evidence available on record to connect the petitioner with the alleged occurrence as such, there is no possibility of being convicted of any offence, but the learned Trial Court dismissed the application vide order, dated 1-3-2006 solely on the ground that order, dated 14-1-2001, whereby the accused had been summoned after recording statement of P.W. I had been maintained by this Court in Criminal Revision No,12 of 2002 as such it cannot be said that there is no possibility of conviction of the petitioner. Hence this petition.
5. The learned counsel for petitioner contends that the said Criminal Revision No, 125 of 2002 was filed by Zulfiqar Ali, co-accused, whose case is altogether different from the case of petitioner and the observation of this Court in Order, dated 21-1-2004 was with reference to the role allegedly played by Zulfiqar in the occurrence, as such the observation cannot be used against the petitioner against whom the prosecution had failed to collect any evidence during the investigation of case and found him innocent in the investigation carried out successively.
6. The learned counsel appearing on behalf of the State, when asked, could not lay her hand on the statement of any witness about the alleged conspiracy. As regards other accused it may be observed that Muhammad Ishfaq, P.W.1, had nominated them in the F.I.R. Ascribing specific roles to them and the complainant had levelled only a bald allegation against the petitioner that Malik Riaz alias Shaukat etc. Had murdered Mukhtar Ahmad pursuant to a conspiracy hatched by Mamoon Dogar and the petitioner. During the investigation of case no Police Officer bothered to collect any evidence whatsoever about the alleged conspiracy and gave a clean chit to the present petitioner.
The learned Trial Court without pointing out any incriminating piece of evidence expected to be produced by the prosecution dismissed the application and in this way failed to exercise the jurisdiction vested in it. There is absolutely no evidence whatsoever connecting the petitioners with the alleged occurrence, as such there is no possibility of the petitioners being convicted of any offence and further proceedings against them would amount to sheer abuse of 'process of Court, therefore, further, accept this petition and quash the proceeding against the petitioners.