' MUHAMMAD MUZAMMAL KHAN, J.---Petitioners being accused of criminal case vide F.I.R. No,101, dated 18-12-2007 under section 506/34, P.P.C., registered with Police Station Jaura KaIan, District Khushab, prayed its quashment on the ground that they have not committed any cognizable offence and their criminal prosecution is not only in misuse of process of law but is also outcome of civil litigation, between the parties. It was contended that petitioners are equipped with sufficient proof of their innocence but the same is not being entertained by the Investigating Officer/respondent No,2, out of colourful ,exercise of his powers. It was further emphasized that offence under section 506, P.P.C. Is not made out from apparent narrations in the F.I.R. A direction in constitutional jurisdiction of this Court was prayed to be issued, in this behalf.
2. Having heard the case and perused the record, it became apparent that stance canvassed in this petition rested on disputed factual controversy, requiring determination through detailed inquiry/recording of evidence but such exercise cannot be undertaken while discharging jurisdiction under Article 199 of the Constitution of this country. These canons have already attained finality through consistent judgments of the Honourable Supreme Court of Pakistan, right from the case of The Province of East Pakistan v. Kshiti Dhar Raoy and others PLD 1964 SC 636 up-to-date, including the cases of Muhammad Younas Khan and 12 others v. Government of N.-W.F.P through Secretary Forest and Agricluiture, Peshawar and others 1993 SCM R 618 and Muhammad Saleem Bhatti v. Syed Safdar Ali Rizvi and 2 others 2006 SCM R 1957. In spite of this constitutional handicap, it is obvious that being a statutory functionary, sphere of authority of the Investigating Officer/ respondent No,2 is fixed by a framework given by law, under which he is working. It is unimaginable that the Investigating Officer/respondent No,2 will flout the prescribed limits, out of colourful exercise of his power, refusing to bring on record the material in proof of innocence of the petitioners, which he is bound under Law to entertain. It is right of the petitioners to prove their innocence before the Investigating Officer/ respondent No,2 by bringing on record all the relevant material. I accordingly direct the Investigating Officer/respondent No,2 to record statement of the petitioners and to entertain the entire evidence of their innocence and to consider the same before preparing his report under section 173, C.P.C. With these observations, this writ petition is disposed of.