' QAISER RASHID KHAN, J.---Through this petition filed under section 561-A, Cr.P.C, the petitioner, Umar Hayat son of Malik Shahbaz caste Ubhaya resident of Chah Awan. Ara Road, D.I.Khan, seeks the quashment of order dated 30-6-2011 passed by learned Judicial Magistrate, D.I.
Khan/respondent No.6.
2. Precise facts of the instant case are that the petitioner filed an application under section 22-A(6), Cr.P.C. Before the learned Sessions Judge/Justice of Peace, D.I.Khan with the contention that an F.I.R. Should be registered under sections 380/441/442/436/ 425/148/149, P.P.C. Against respondents Nos.7 to 11 as they had set the house of the present petitioner on fire on 13-3-2011 and took the house hold articles therefrom. The same was entrusted to learned Additional Sessions Judge- IV/Justice of Peace, D.I.Khan for disposal. Tht comments forwarded by the respondents to the application exposed their biased attitude towards the petitioner. The learned Additional Sessions Judge-IV/Justice of Peace, D.I. Khan after hearing of arguments of learned counsel for the parties, directed the respondent No.2/ District Police Officer, D.I. Khan to proceed under section 154 Cr.P.C.
And entrust the investigation to some suitable police official to proceed in accordance with law and on the basis of which F.I.R. No.147 dated 17-5-2011 under sections 451/ 436, P.P.C. Was registered at Police Station, Gomal University.
3. After completion of investigation, on 31-5-2011 the respondent No.4 submitted a final report under section 173, Cr.P.C. For cancellation of the said F.I.R. Against the respondents Nos.7 to 11 before the learned Judicial Magistrate, D.I.Khan/ respondent No.6 and who vide order dated 30-6-2011 cancelled the said F.I.R., hence the instant petition.
4. Learned counsel for the petitioner argued that in the application of petitioner under section 22- A(6), Cr.P.C. Before the learned Justice of Peace, the petitioner had alleged serious allegations of forcible entry into his house as well as setting a Kotha (room) on fire along with household articles and also when out of fear, the petitioner with his family had left the house and locked the same, the accused/respondents subsequently broke open the room and stole the household articles and that is how the learned Justice of Peace took serious view of the matter as well as the indifference displayed by the police in this respect; that by submitting final report under section 173, Cr.P.C, the police had only displayed their inherent bias towards the petitioner, with which the learned Judicial Magistrate also concurred and filed the case vide impugned order dated 30-6-2011.
5. The learned A.A.-G. Assisted by the learned counsel for the accused/ respondents opposed the submissions of the learned counsel for the petitioner and argued that the police after a thorough investigation into the matter submitted final report; that the application of the petitioner was in fact counterblast to the earlier inimical relations with the accused/ respondent as the son of the petitioner namely, Imran had murdered the son of accused/respondent No.8 on 12-3-2011 in respect of which an F.I.R. Was registered and he was accordingly proceeded against under sections 204 and 87, Cr.P.C. As well as 512, Cr.P.C. And the household articles in respect of which the complaint was lodged by the petitioner are in the safe custody of the police 4,nd the report of the petitioner being false was accordingly filed after final report under section 173, Cr.P.C.
6. Arguments heard and record perused.
' As is evident from the available record, the petitioner had allegedly lodged report to the police for registration of the F.I.R. Against the accused/respondents for reasons mentioned above. Then ' he subsequently moved the learned Justice of Peace for registration of P.1,12, mentjoning various sections of law of his choice to charge the -accused/respondents with and the learned Additional Sessions Judge/ Justice of Peace accordingly directed the respondent No.2/District Police Officer, D.I.Khan for proceedings under section 154, Cr,P.C. And investigating the case through some competent police official and then to proceed in accordance with law, After the registration of the P.I.R. And in view of the matter, the police submitted final report under section 173, Cr P C with which the learned Judicial Magistrate concurred vide his impugned order. Little wonder that the petitioner though charged the accused/ respondents for setting on fire his Katcha Kotha (room) with household articles and also stealing of some household articles mentioned in the report. During the course of investigation he, however, did not cooperate with the police as per the final report and even did not come, forward with any evidence/witness to lend more support to his allegations/report. The falsity of his allegations was all the more exposed when the local police stated to have taken possession of the household articles of the petitioner by exercising powers under section 88, Cr.P.C. In view of the abscondence of the son of the petitioner after murdering the son of respondent No.8. The petition is hand is one under section 561-A, Cr.P.C. Which pertains to the inherent power of this court and the object is to prevent the abuse the process of the court as well as to secure the ends of justice.
8. Fof reasons stated above, I find no substance in this petition which is hereby dismissed.