' MIAN HAMID FAROOQ, J.--- Petitioner, through the present constitutional petition, seeks quashment of F.I.R. No108 registered on 21-4-2006 under, section 337-A(ii)/34, P.P.C. With Police Station Aabpara, Islamabad.
2. Learned counsel contends that was filed with mala fide intention and the same is based on hearsay evidence. Learned counsel, when asked, sulimits that investigation has not yet been completed.
3. Admittedly, the case is under investigation, which has not yet been completed. There is no cavil with the proposition that there is a statutory right on the part of the police to investigate the circumstances of an alleged cognizable crime and that judiciary should not interfere with the police in matters which are within their Province and High Court cannot assume role of investigator.
If any judgments are required, the cases reported as Malik Shaukat Ali Dogar and 12 others v.
Ghulam Qasim Khan Khakwani and others PLD 1994 SC 281, Brig. (Retd.) Imtiaz Ahmad v.
Government of Pakistan through Secretary, Interior Division, Islamabad and .2 others 1994 SCM R 2142 can be referred.
4. In view of the aforenoted law laid down by the apex Court of the Country. I am of the view that as the investigation in the case has not been completed and the case is in the process of inquiry, thus, this Court cannot interfere in the investigation being conducted by the police.
5. Here it appears appropriate to refer the case of Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCM R 276, wherein it has inter alia been held that the party seeking quashment of F.I.R. Had alternative remedy to raise objection at the time of framing of charge against him and the said party had more than one alternative remedies before the trial Court, under section 265-K, and 249- A, Cr.P.C. Or to approach the concerned Magistrate for cancellation of the case under the provisions of Cr.P.C. In this regard judgment reported as Industrial Development Bank of Pakistan and others v. Mian Asim Fared and others 2006 SCM R 483 can also be referred.
6. In the above perspective, I am of the considered view that the present petition is incompetent and devoid of merits, thus, the same stands dismissed in limine.