CH. SHAHID SAEED, J.---Through the instant writ petition petitioner seeks quashment of F.I.R. No. 124 of 2010, offence under section 406, P.P.C., registered at Police Station Saddar Ahmedpur.
2. As per F.I.R. Allegation against the petitioner is that he along with two other persons misappropriated Rs. 1,50,000 of the complainant and when demanded the same by the complainant he threatened to the complainant of dire consequences.
3. Learned counsel for the petitioner contends that the instant case was registered on the basis of mala fide.
4. Arguments heard. Record perused.
5. As to the plea of mala fide, it is suffice to observe that mala fide whether factual or legal is not a matter of presumption only. The A allegations are to be considered in the context of facts and circumstances of each case. It is the duty of the Police functionaries to take note of a cognizable offence, register the same and after due investigation submit the report to the court under section 173, Cr.P.C. Record reveals that both the parties are dagger drawn with each other. The conduct and manner of investigation is not normally to be scrutinized by the High Court in its constitutional jurisdiction which would amount to interference in the Police Investigation.
For the foregoing reasons, I see no force in this writ petition which is dismissed in limine. The petitioner may, if so advised, after the submission of the challan, resort to alternate remedy under section 249-A, Cr.P.C. Before a court of competent jurisdiction.