Through this petition, the petitioner has challenged the order dated 14.7.2007 passed by the learned Judicial Magistrate, Bhakkar, whereby he concurred with the request of the police for cancellation of case F.I.R.. No, 511 of 2006 dated 2.10.2006, registered at Police Station Saddar Bhakkar, as being illegal, void ab initio, without jurisdiction and against the law and fact.
2. The brief facts of the case are that the petitioner lodged the aforesaid FIR. which was investigated by the police and a discharge report was prepared which was placed before the learned Magistrate who while concurring with the request made by the police cancelled the aforesaid F.I.R. vide the impugned order.
3. The learned counsel for the petitioner contended that the petitioner proved the contents of the F.I.R. through oral as well as documentary evidence which was not considered by Respondent No, 2, SHO Police Station Saddar Bahkkar while preparing the discharge report; that the learned Magistrate at the time of passing the impugned order failed' to consider the evidence produced by the petitioner before the police and that if the impugned order was not set aside and the F.I.R. was not restored, the petitioner would suffer irreparable loss and injury.
4. I have heard the learned counsel for the petitioner and gone through the documents placed on the record. During investigation two Nikahnamas were produced before the police showing that Mst. Shagufta Parveen daughter of Muhammad Afzal had solemnized marriage with Shahid Iqbal as well as Aqeel Abbas son of the complainant-petitioner. Both the Nikahnams were sent for verification to the Finger Expert Bureau. The report tendered by the Bureau dated 18.11.2006 reveals that the specimen signatures of Mst. Shagufta on the Nikahnama dated 20th of September, 2006 with Shahid Iqbal was found to be correct and genuine and the alleged Nikahnama with Aqeel Abbas son of the petitioner was -found to be fictitious; Further, Mst. Shagufta Parveen had appeared before the Illaqa Magistrate and got her statement recorded under Section 164 Cr.P.C. in which she had stated that she had contracted marriage with 'Shahid Iqbal with her free consent and being his legally wedded wife was residing with him. She denied having entered into a marriage contract with Aqeel Abbas, son of the complainant and. further stated that if there was any Nikahnama pertaining to the said marriage the same was false and fictitious and was, therefore, liable to be cancelled. She also stated that she had not been abducted by any person and that being lawfully wedded wife of Shahid Iqbal she had voluntarily gone to his house. The impugned order reveals that the cancellation report which was placed before the learned Magistrate had been verified by the SHO concerned, SDPO, DSP (Legal) as well as the District Police Officer, Bhakkar. Since a number of police officers including the D.P.O. had concurred with the findings of the SHO that the case was false and was liable to be cancelled, therefore, it cannot be said that the police had acted in a mala fide manner, or that the police had been in league with the other party. The impugned order is a detailed order in which all aspects of the case have been thoroughly discussed by the learned Magistrate. It has been noticed that the discharge report had been contested by the complainant leading to a logical inference that the complainant had been afforded full opportunity to put forth his point of view as well. The conclusions drawn by the learned Magistrate in the impugned order are based on logical reasons and cannot by any stretch of imagination be termed as arbitrary, fanciful or contrary to the evidence on the record.
5. For what has been discussed above, I find no merit in this petition which is dismissed accordingly in limine.