' IJAZ AHMAD CHAUDHRY, J.--- Through this constitutional petition, Muhammad Ishaq petitioner has sought quashing of F.I.R. No,87, registered at Police Station Garhi Shahu, Lahore on 19-4-2004, for offences under sections 420 and 506, P.P.C, on the statement of Javed Tariq/ respondent No, 1 .
2. Brief facts of the case are that Javed Tariq/ complainant was an army contractor and owner of Messrs M. Tariq Enterprises. About two years prior an agreement arrived at between the complainant and Abdul Khaliq (brother of the petitioner), who supplied spare parts to the complainant for the supply of army. Said business continued for about one year. Then all of a sudden Abdul Khaliq started violation of the said agreement and played fraud with the complainant. He also extended threats of dire consequences to the complainant, which culminated into registration of the impugned F.I.R.
3. Learned counsel for the petitioner submits that the complainant had entered into an agreement with Abdul Khaliq, brother of the petitioner; that there was a civil dispute between Abdul Khaliq and the complainant and for this reason, the complainant made efforts for registration of a criminal case against said Abdul Khaliq and the petitioner; the complainant moved an application to the learned Sessions Judge, Lahore, who called report from the S. H.0, Police Station Garhi Shahu; that according to the report of S.H.O, no such transaction had taken place within the area of Police Station Garhi Shahu, so the learned Sessions Judge, Lahore, did not issue any direction for registration of case; that the complainant filed a writ petition which remained pending and during its pendency, the complainant succeeded in getting the instant criminal case registered against the petitioner and Abdul Khaliq and thereafter the said writ petition was withdrawn; and that as the cheques were relating to the Emirate Bank International, Blue Area, Islamabad, the question of jurisdiction of the police is involved in the instant case. He placed reliance on 1998 M LD 2036. He further submits that the petitioner is serving as Superintendent in the Central Board of Revenue, Islamabad; that the petitioner has been wrongly declared proclaimed offender, as due to suspension of further proceedings before the Ilaqa Magistrate in the instant writ petition vide order dated 22-2-2005 the petitioner was not appearing before the Court. Learned counsel contends that the instant writ petition may be accepted and the impugned F.I.R. May be quashed.
4. Conversely, the learned A.A.-G. Has submitted that Challan against the petitioner was submitted in the Court in the year 2004 and as the petitioner was not appearing before the Court, he was declared proclaimed offender; that as the petitioner remained fugitive from justice, this writ petition is not maintainable; and that the petitioner has alternate remedy of filing application under section 249-A, Cr.P.C.
5. I have heard the learned counsel for the parties and gone through the record minutely.
6. Undeniably there was some civil dispute between the complainant and Abdul Khaliq brother of the petitioner. For the said grievance the complainant wanted to lodge a criminal case. He tried his best to get the criminal case lodged at Lahore, whereas the cheques were issued for the Emirate Bank International, Blue Area, Islamabad and the offence if any was occurred at Islamabad but the complainant filed application before the learned Sessions Judge, Lahore, seeking direction to the S.H.O. Concerned to register a criminal case, who called report from the S.H.O, Police Station Garhi Shahu, Lahore, wherein the S.H.O. Stated that according to the complainant's version the offence related to Islamabad and Police Station Garhi Shahu had no jurisdiction to register a criminal case, which was not related to its jurisdiction. Thus, the learned Sessions Judge, Lahore, dismissed his application vide order dated 5-7-2003. The complainant filed a writ petition before this Court for the same relief and during pendency of the said writ petition he succeeded in getting a criminal case lodged against the petitioner and his brother. Thereafter the writ petition was withdrawn vide order dated 23-4-2004 but the order passed by the learned Additional Sessions Judge, Lahore, was not set aside, which is still in field. Whereas a certificate issued by the Second Secretary (S&M), Central Board of Revenue, Islamabad, is also available on the file, according to which, Muhammad Ishaq/petitioner, who was working as Superintendent (Record), Central Board of Revenue, Islamabad, was on duty on 6-4-2004 during office hour i,e, from 8-00 a.m. To 3-00 p.m. (the date and time when according to the F.I.R. The petitioner and his brother Abdul Khaliq had come to the house of the complainant and while extending threats they had refused to pay any amount to the complainant). Thus registration of the impugned F.I.R. At Police Station Garhi Shahu is illegal and without jurisdiction. If Javed Tariq/respondent No,1 had any grievance, then he should have got registered the case at Islamabad and not at Lahore.
7. In view of the above discussion, there is sufficient material on the file indicating that the impugned F.I.R. Was got lodged at Police Station Garhi Shahu with mala fide intention. The continuation of proceedings would be an abuse of process of Court. Resultantly, this petition is accepted and F.I.R. No,87, registered at Police Station Garhi Shahoo, Lahore, on 19-4-2004, for offences under sections 420 and 506, P.P.C., on the statement of Javed Tariq/respondent No,1 is hereby quashed.