S. ALI HASSAN RIZVI, J. - Mehboob Alam Khan, the petitioner, through the present writ petition, prayed for quashing FIR No. 65/09, dated 14.1.2009 registered under Section 61 of Excise Act (I) of 1914 at Police Station Shafiqabad, Lahore at the instance of Muhammad Hanif, Excise Inspector.
2. The case of the petitioner was that not only he but his real brother Dr. Maqbool Alam Khan was also .Present at the relevant time in whose name a valid licence relating to Mathylated Spirit was inuring. Copy of the licence was appended to the writ petition. It was also the case of the petitioner that he had moved the Capital City Police Officer, Lahore complaining that a false case was registered against them because they had not oiled the palms of the complainant and his companions. A copy of the application moved before the Capital City Police Officer, Lahore was also appended with the writ petition.
3. Comments were called from the respondents. Excise & Taxation Officer and vide. His written report of today, he had noted that the licence No. 417/97-98 in the name of Dr. Maqbool Alam Khan was genuine. In the written comments, their case was that Dr. Maqbool Alam Khan had also come at the spot and had tried to get the petitioner released by offering illegal gratification. It may be noted that Dr. Maqbool Alam Khan is the person in whose name the afore-mentioned licence relating the Mathylated Spirit was still valid. If according to the respondents, Dr. Maqbool Alam Khan, the licence holder, had also come at the spot, where the raiding party and the present petitioner was present, there was no warrant for registration of a case under Section 14 of Excise Act
(I) of 1914. A Police Officer is not supposed to be. Hyper-sensitive.
4. The respondents stated in the comments that challan had already been submitted in Court.
However,- the petitioner was clamouring that challan was hurriedly submitted by the complainant after the present writ petition was filed. The respondents also did not deny that the petitioner had been complaining before the Capital City Police Officer, Lahore that the case against him was totally false and unwarranted.
5. In the FIR itself, it was also noted that Dr. Maqbool Alam Khan (licence holder herein) had come at the spot and had tried to get his brother released on payment of some gratification. The people in our society are fully aware of the third-degree-methods of the police and the brunt of criminal litigation. May be, Dr. Maqbool Alam Khan had tried to get his brother (petitioner) released compulsively offering some money.
6, Taking the prosecution case as it is, no case as registered was made out. A Court is a high office and process of law through it, cannot be allowed to be misused. Prosecution of the petitioner therein would amount to abuse of the process of law in the circumstance of the case. The High Court has ample jurisdiction to pass appropriate orders in quest of justice where it feels that prevention of abuse of process of. Any Court was justified. To secure the ends of justice, I accept this writ petition and quash the proceedings arising out of FIR No. 65/09, dated 14.1.2009 registered under Section 61 of Excise Act (I) of 1914 at Police Station Shafiqabad, at the instance of Muhammad Hanif, Excise Inspector, Lahore. No order as to costs.
Impugned proceedings quashed.