' HAFIZ ABDUL REHMAN ANSARI, J.--- The petitioner Zulfiqar Ali son of Muhammad Bakhsh through this constitutional petition seeks direction to S.H.O./respondent No,1 for registration of the case in connection with the theft of Truck No,HINO-10 wheelers, Model 1993. Chasis No,FFZHPA-50026, Engine No,H07CTA-32382 which the petitioner allegedly purchased from one Muhammad Qasim son of Haji. Muhammad resident of House No,23 Block 42, D.G. Khan through a written agreement for a sum of Rs,30,00,000 on instalments. The truck is actually in the name of one Tehsil Khan, original owner; till October 2009 the petitioner has paid an amount of Rs,14,60,000 and four instalments of Rs,40,000 each are short. However, since the total instalments have not been paid, therefore, the open transfer letter is with one Muhammad Qasim Khan while original Registration Book is allegedly with the petitioner. Simultaneously he is also seeking direction to respondent No,3 S.H.O. Police Station Kot Addu District Muzaffargarh to take into possession the said truck under section 550, Cr.P.C.
2. I have heard the learned counsel for the petitioner.
3. When this Court confronted the learned counsel for the petitioner without availing the alternative remedy under section 22-A, Cr.P.C. For registration of the case before the learned Justice of Peace, the petitioner has filed this writ petition directly in this Court he replied that this is the only efficacious and speedy remedy so bypassing the alternative remedy he has filed this writ petition.
The Full Bench of this Court in the case of Khizar Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 has held as under:--- "It is, therefore, declared that in the matters of complaints against the working of the police covered by the provisions of section 22-A(6), Cr.P.C. An aggrieved person, except where the High Court feels satisfied that it is an exceptional case arising out of extraordinary circumstances warranting direct interference by the High Court and rendering the remedy under section 22-A(6), Cr.P.C. Inadequate, cannot file a writ petition before this Court under Article 199 of the Constitution before availing of the normally adequate alternate statutory remedy before an Ex-Officio Justice of the Peace under section 22-A(6), Cr .P.0 . "
' Secondly about the disputed fact whether truck bearing No,HINO-10 wheelers, Model 1993, Chasis No,FFZHPA-50026, Engine No,H07CTA-32382 in whose ownership whether it is stolen or not that matter is subject of investigation, exercising power under Article 199 of the Constitution while the case is not yet registered about theft of truck, straightaway, this Court cannot pass order directing the S.H.O. , concerned to take into possession the truck in dispute under section 550 Cr.P.C.
Considering it that it is stolen by some one else because such observation or finding just prior to registration of the case can prejudice the case of either side in future. Further from the contents of the writ petition it transpires that it is not an exceptional case arising out of extraordinary circumstances warranting direct interference of High Court. The petitioner should first avail alternate remedy as held in Khizar Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah.
470. If he fails to get the relief then the petitioner can file this writ petition. This writ petition being meritless is dismissed in limine.