' M. BILAL KHAN, J.---Mst. Nusrat Jabeen daughter of Hafeezullah Cheema, the petitioner, has filed this petition under Art. 199 of the Constitution of Islamic Republic of Pakistan, 1973 for quashing of F.I.R. No.105 of 2006 dated 10-3-2006, registered with Police Station, Samanabad, Lahore for offences under sections 148, 324, 452, 149/34, P.P.C. And the subsequent proceedings emanating therefrom. The said F.I.R. Had been registered on the statement of Farrukh Rasheed son of Haji Rashid wherein it was stated that he ran a jewellery shop at Ichhra Bazar; on 9-3-2006 about 9-30 p.m. He went to his friend's house situated at 668/N, Samanabad, Lahore; Mehmood Zafar and Zia Ullah sons of Nazar Ullah while sitting in the said house were engaged in conversation and the main door of the house was ajar; all of a sudden a female by the name of Mst. Nusrat Jabeen who happened to be a paternal aunt of Mehmood Zafar along with four of her unknown companions entered the house; she raised a Lalkara that they be fired at, on which two of the accused persons grappled with the complainant and Muhammad Zafar; Mst. Nusrat again urged them to fire, on which all four of them started firing with their respective weapons; one of the fire shots hit the complainant at his right calf causing him to fall down; on observing that the complainant had fallen down the accused persons made good their escape.
' The motive according to the complainant was that Mehmood Zafar's father and paternal uncle were locked in litigation with their sister Mst. Nusrat Jabeen. Resultantly the aforesaid F.I.R. Had been recorded.
2. In support of this petition, it was argued that that the petitioner who is a female was residing in Islamabad for the last more than two decades whereas her father and stepmother lived at Lahore; Zafar Ullah Cheema and Nasrullah Cheema both sons of Hafeezullah Cheema, respondents Nos.5 and 6 respectively, are real brothers of the petitioner; that the father of the petitioner, who was a landlord hailing from Sargodha 'was also a renowned contractor of WAPDA having a factory at Ravi Road, Lahore, was murdered along with his wife by Shehzad and Masood both sons of respondents Nos.5 and 6; in this behalf a criminal case registered regarding the said murder was spoiled by the police on account of the pressure and clout of respondents Nos.5 and 6; this prompted the petitioner to file a private complaint in the year 1997; the said complaint remained pending for seven long years and after hectic efforts by the petitioner, the learned Addl. Sessions Judge at Lahore vide judgment dated 28-2-2006 convicted and sentenced Shehzad alias Kaka son of Nasrullah Cheema and Masood alias Munna son of Zafarullah Cheema under section 302(b), P.P.C.
And awarded life sentence to both of them on two counts; during all these years the petitioner had been travelling between Islamabad and Lahore on all important dates of hearing; that the instant F.I.R. Had been manoeuvred by her brothers Nasrullah Cheema and Zafarullah Cheema through Farrukh Rashid (respondent No.3) with a view to preventing her from pursuing the above said murder case; the appeals whereof are pending in the High Court. He argued that F.I.R. Is absolutely false and fabricated; the purpose for which the same has been got registered, as already stated, is to preclude and prevent the petitioner from pursuing the murder case mentioned hereinabove.
3. This petition for the first time came up for hearing before this Court on 20-11-2006. No one appeared for the private respondents despite notice. Resultantly the private respondents were proceeded against ex parte.
4. I have heard the learned counsel for the petitioner as also the learned Assistant Advocate- General and have perused the record brought by Muhammad Shafi S.-I., Police Station, Samanabad, Lahore as also the certified copy of the report under section 173, Cr.P.C., on the basis of which the trial is pending before the learned trial Court. It has been observed that the assertion made by the learned counsel for the petitioner regarding the conviction and sentence of Shehzad alias Kaka son of Nasrullah Cheema and Masood alias Munna son of Zafarullah Cheema who happen to be the nephews (brother's sons) of the petitioner in a charge under section 302, P.P.C., is borne out from the record. The said conviction and sentence had been recorded by the learned Additional Sessions Judge, at Lahore on 28-2-2006 whereas the instant F.I.R. Had been lodged on 10-3-2006 i.e. Exactly ten days after the said conviction and sentence. After having lodged the case the complainant of the instant case made himself absolutely scarce and neither appeared before the Investigating Officer nor did he present himself before the Medical Board, which had been constituted to re-examine the fire-shot injury allegedly suffered by him, despite repeated notices issued to him by the said Medical Board. It is on record that the Medical Officer who had initially examined Farrukh Rasheed Ahmad injured had observed that there was blackening around the injury whereas according to the F.I.R. The fire-shot was made from some distance. In the report under section 173, Cr.P.C., S.H.O. Had stated that despite his best efforts he could not procure the attendance of the complainant for his medical examination by a board headed by M.S. Mayo Hospital, Lahore. The said Medical Board had assembled on 5-4-2006 and 7-4-2006 but no progress could be made because of the absence of the complainant. Muhammad Shafi S.-I./ Investigating. Officer had verified the plea of alibi raised by the petitioner to the effect that on the crucial date she was in Islamabad; he recorded the statements of various witnesses and 'confirmed the said plea. It was due to this reason that the petitioner's pre-arrest bail had been confirmed by a learned Additional Sessions Judge at Lahore. According to S.H.O., the prosecution case was prima facie suspect, as according to him, there was a property dispute between the parties and the F.I.R. Appeared to him to have been registered with a view to humbling and humiliating the complainant.
5. It is surprising that in the absence of any worthwhile material against the petitioner the Investigating Officer proceeded to challan her although placing her in Column No.2 thereof. In view of this total lack of any inculpatory material against the petitioner coupled with the complainant's persistent failure to join investigation, the Investigating Officer ought to have presented a report for cancellation of the, case which was not done and the petitioner was left at the mercy of 'the Court.
After analyzing the facts and circumstances of the case and examining the material available on record it is felt that proceeding any further with the trial would be nothing but a blatant abuse of the process of the Court. There is no likelihood of the petitioner being convicted of any offence.
6. Resultantly this petition is allowed and F.I.R No.105 of 2006 dated 10-3-2006, registered with police station, Samanabad, Lahore for offences under sections 148, 324, 452 and 149/34, P.P.C. C and the proceedings which culminated out of the said F.I.R. In the shape of trial before the learned Magistrate are hereby quashed. There will be no order as to costs.