HAFIZ ABDUR REHMAN ANSARI, J. -Through this writ petition, the petitioner seeks quashment of F.I.1R.
No. 223/2009, dated 15.5.2009 registered under Section 379, P.P.C. In Police Station Hujra Shah Muqeem at the instance of Nadeem-ul-Hassan Naseem-complainant.
2. Learned counsel for the petitioner submits that the impugned F.I.R. Was got registered against the petitioners at a counterblast as the accused party petitioner No. 1 has got registered against case F.I.R. No. 101/2009, dated 22.4.2009 under Sections 324/34, P.P.C. At Police Station Saddar Renala Khurd against the respondents No. 2 alongwith other unknown persons; further submits that respondent No. 2 got registered the impugned F.I.R. Sought to be quashed just to harass and humiliate the petitioner for ulterior motive to pressurize the petitioner for withdrawal of F.I.R. No. 101/09 got registered by the petitioner against the respondent No. 2 and others. Learned counsel further submits that a case vide F.I.R. No. 223/2009, dated 15.5.2009 under Section 379, P.P.C. Police Station Hujra Shah Muqeem, is totally false, got registered with the connivance of the local police.
The case registered against the petitioner is false or based on truth, this Court cannot assume the duty of investigating officer, whose function it is to investigate the case and dig out the truth. When a question was put to the learned counsel that Hon'ble Supreme Court of Pakistan has.
Disapproved the quashing of F.I.R. Where disputed questions of facts are involved which cannot be adjudicated in the writ jurisdiction by this Court. Learned counsel could not reply satisfactorily.
Making reliance on the judgments of Hon'ble Supreme Court of Pakistan reported as Col. Shah Sadiq v. Muhammad Ashiq and others (2006 SCM R 276). In the said judgment plethora" of judgments are cited on this point, where disputed questions are involved High Court has no jurisdiction to resolve the disputed questions of facts in Constitutional jurisdiction. Reference can be given of the following judgments:-
(i) Muhammad Saeed Azhar v. Martial Law Administrator Punjab and others (1979 SCM R 484);
(ii) Umar Hayat Khan v. Inayatullah Butt and others (1994 SCM R 572);
(iii) Mst. Kaniz Fatima through Legal Heirs v. Muhammad Salim (2001 SCM R 1493);
(iv) Secretary to the Government of the Punjab, Forest Department, Punjab, Lahore through Division Forest Officer v. Ghulam Nabi and 3 others (PLD 2001 SC 4-15); and
(v) Wazir Ali Soomro v. Water and Power Development Authority and others (2005 SCM R 37).
3. In view of these judgments, instant writ petition for quashing of F.I.R. Has no merits and the same is dismissed in limine.