1. Petitioner Wilayat Shah, by way of filing instant petition under Section 561-A Cr.P.C., seeks quashment of FIR No, 186 dated 4.5.2005, registered under Sections 419/420 PPC, at Police Station Risalpur.
2. 2.Facts leading to the filing of this petition shortly narrated are, that the petitioner purchased Motor Car bearing Registration No, B-3859, from one Usman Ali son of Sultan, resident of Mingora, Swat.
3. The vehicle was seized on 10.7.2003, under Sections 523/550 Cr.P.C. by police of Police Station Sheikh Maltoon, Mardan and a case was registered against the petitioner under Sections 419/420/471 PPC on 11.9.2004, on the ground that the chasis number was replaced and welded. The petitioner moved an application in the Court of Judicial Magistrate, Mardan for release of the motor car on `superdari'. The application was accepted and the car was released on `superdari' vide order dated 9.9.2004. On 15.4.2005. While traveling in the said motor car, the petitioner accompanied by one Zubair Ali Shah, on Nowshera Road, was stopped by SHO, Police Station, Risalpur for checking. The vehicle was searched and nothing illegal was recovered but despite that the SHO took the car and its occupants to the police station. The petitioner explained the position that the car was covered by proper documents and once seized by Police` Station Sheikh Maltoon Mardan and released on bail by a competent Court of law, but even then the said SHO seized the vehicle under Sections 523/550 Cr.P.C. and a case was registered against the petitioner on 4.5.2005 under Section 419/420 PPC. The grievance of the petitioner in essence is, that registration of the. second case by the SHO, Police Station Risalpur on the same ground and on the same facts, is against the law, rather totally illegal.
4. 3.Mr. Sikandar Khan, Advocate for the petitioner and Mr. Shah Nawaz Khan, Advocate for the State present and heard with reference to the material available on the record.
5. 4.The question to be determined in the quashment matters is as to whether the machinery of law is being employed for an operation from which any result in furtherance of justice can accrue. A case which cannot possibly succeed, if allowed to continue would be an abuse of the process of the Court and to quash it under Section 561-A Cr.P.C. would secure the ends of justice.
6. 5.It is well settled that this Court is not denuded of its powers to quash the proceedings if it is satisfied from the material produced before it that prosecution has been launched for improper motive, merely to harass the accused, or the continuous of the same would be an abuse of the process of the Court or for other reasons which impel the Court to conclude that to allow the prosecution to continue would not be in the ends of justice. Miraj Khan vs. Gul Ahmad and 3 others (2000 SCMR 122) Mst. Shabana Chaudhary vs. Station House Officer, Police Station Akbari Gate, Lahore and 4 others (PLD 1993 Lahore 416), Rafique Shmad Awar vs. The State (1993 MLD 832) and Shahid Muhammad Khan etc. vs. The State etc. (NLR 1993 Criminal 538).
6. Having considered the matter from all angles, I find myself in agreement with learned Counsel for the petitioner that registration of the second case by the SHO, Police Station Risalpur on the same ground and on the same facts which were already under investigation/inquiry in case FIR No: 574 dated 11.9.2004 of Police Station Sheikh Maltoon, Mardan is against the law, rather totally illegal. The SHO having been explained the position by the petitioner that the car was covered by proper documents, earlier seized by Police Station Sheikh Maltoon Mardan and released on bail by Judicial Magistrate, Mardan by order dated 9.9.2004, had no legal justification to register the second case to compel the petitioner to face double trials at two different forums. The objection of the learned Stated counsel that a remedy under Section 249-A Cr.P.C. is available to the petitioner and that he should first avail of that remedy does not appear to be sufficient to refuse to give relief to the petitioner in the circumstances of this case. The petition is accepted and FIR No, 186 dated 4.5.2005 registered under Sections 419/420 PPC in Police Station Risalpur, is quashed.