RANA ZAHID MAHMOOD,J--- Constitutional ,petition for quashment of F.I.R. No,300 of 2008, dated 5- 7-2008 under section 496-A, P.P.C. Registered at Police Station Bhalak Tehsil Tandlianwala District Faisalabad wherein it is alleged that the petitioners including Mst. Bakhtawar co-accused and others abducted already married through Nikah namely Mst. Pathani and Mst. Sughran maternal grand-daughters of the complainant at about 9-30 p.m. On 2-7-2008 while armed with fire-arms and took away Mst. Pathani in a car forcibly while some of the co-accused were on motorcycle and left Mst. Sughran on the arrival of the P.Ws. At the' place of occurrence.
2. Learned counsel for the petitioners has submitted that above said case has been falsely registered against the petitioners and submitted that the alleged abductee has filed a suit for dissolution of marriage at Nankana Sahib against Noor Zaman with whom her Nikah was carried out by the complainant verbally and Rukhsati had not taken place. He submitted that the alleged abductee is living with Mst, Bakhtawar who is "Khala" of the alleged abductee. Further submitted that an application was filed by the alleged abductee before the Judicial Magistrate at Lahore with the request that she may be sent to Darulamman as her marriage was forcibly expected to be performed with Noor Zaman. He submitted that said statement, dated 7-7-2008 is available on record and thus submitted that no offence has been committed by the petitioners and co- accused, therefore, said case may be quashed.
3. I have heard the arguments and perused the record. It is important to mention that report and parawise comments were called from respondents Nos.3 and 4 which have been placed on record and have been examined by me and, I am of the view that since controversial questions with regard to earlier Nikah of the alleged abductee with Noor Zaman is involved whereas the petitioners are not producing said girl before the police in the investigation and it is important to mention that said abductee is resident of Tehsil Tandlianwala District Faisalabad whereas suit for dissolution of marriage allegedly filed by her has been filed in the Court of District Nankana Sahib and her statement for sending her Darulamman has been got recorded before special Judicial Magistrate at Lahore, therefore, all the above factors prima facie show mala fide on the part of the petitioners who are nominated in the F.I.R. For the commission of offence of abduction of Mst.
Pathani and if there is any substance in the contentions advanced by learned counsel for the petitioners I fail to understand why they are reluctant in appearing before the police in the investigation and producing the said girl before the police as it is mentioned in the comments furnished by the police that petitioners are not appearing before the police neither joining the investigation. Investigation is carried out after registration of a criminal case in accordance with law. Where any offence has been committed or not is a question which can be resolved only by carrying out investigation by police. All the controversial questions involved in the registration of instant case and alleged innocence claimed by the petitioners can also be resolved only through the investigation. Therefore, through the instant petition controversial questions involved in such like cases cannot be resolved neither the Court can assume role of investigator. Reference in this regard can conveniently be made to the case of Brig. (Retd.) Imtiaz Ahmad v. The State reported as 1994 SCMR page 2142. Scope of quashment of criminal case under constitutional jurisdiction is quite limited. Unfortunately in the recent past unhealthy trend of filing constitutional petitions under Article 199 of Constitution of Islamic Republic of Pakistan 1973 has gained momentum caring little for consideration the controversial questions resolved is outside pale jurisdiction of the High Court neither constitutional jurisdiction permits the Court to divert the ordinary course of action under the law as observed earlier after the registration of criminal case investigation is bound to be carried out by competent police authorities in accordance with law and allowing of quashment petition would deprive the aggrieved person from placing his case and grievance before the investigating agency whereafter the investigating agency can either forward the accused for trial through submission of report under section 173, Cr.P.C. Or can recommend for cancellation of case to the competent judicial forum. In such a situation the trial Court is the best Judge to pass appropriate order after due trial and either suo motu or on the application of any of the aggrieved persons can exercise jurisdiction under section 249-A or 265-K, Cr.P.C. As the case may be. Reference can advantageously be made to recent elaborate judgment of the Honourable Supreme Court of Pakistan reported as PLD 2006 SC 598 wherein their lordships of the Honourable Supreme Court were pleased to hold that said constitutional jurisdiction could be exercised in most exceptional cases only. In the instant case the petition has been filed without any material available in favour of the petitioners for quashment of instant criminal case. So much so that petitioners are not appearing before the police in the investigation nor producing the alleged abductee before the police and through the abuse of process of law prima facie have filed suit for dissolution of marriage at a place other than the normal place of abode of the abductee as in the instant case abductee is resident of Tehsil Tandlianwala District Faisalabad while suit for dissolution of marriage has been filed at District Nankana Sahib and statement of abductee for sending her to Darulamman has been got recorded before a learned Magistrate at Lahore. Whether the abductee is genuinely taking all said steps or said steps are result of coercion and force applied against the abductee is yet another question which can also be resolved only through due investigation, therefore, I am of the considered opinion that there is no merit in this writ petition and the same is liable to be dismissed so that unhealthy trend of filing quashment petitions frequently against the registration of criminal cases is deprecated and discouraged. Writ petition stands dismissed.