' MANZOOR AHMAD MALIK, J.---Learned counsel for the petitioner, in support of his petition, contends that civil litigation between the parties is pending regarding the same matter before this Court; that the petitioner is admittedly owner of the property; that in view of this situation, even the registration of the F.I.R. Is against law and the subsequent proceedings on the basis of the F.I.R. Will be sheer abuse of law; that the bare reading of the F.I.R. Does not make any offence under section 379, P.P.C. Or under any provisions of law because lifting of crop from one's own land is no crime, therefore, the instant F.I.R. Is liable to be quashed.
2. On the other hand, learned Law Officer under instructions from the police officer present in court and after perusal of the record states that the police, after investigation, has submitted the challan of case F.I.R. No,61 dated 7-4-2010 registered under section 379, P.P.C. At Police Station Mankera, District Bhakkar in the court of competent jurisdiction on 26-4-2010 and now the petitioner has an adequate and efficacious remedy of filing an application before the learned trial Court under the relevant provisions of law.
3. Learned counsel for respondent No,5 also vehemently opposes this petition.
4. I have heard the arguments of both the sides.
5. The challan has been submitted in the court of competent jurisdiction. A factual controversy is involved between the parties. This petition is, therefore, disposed of with the observation that the petitioner is at liberty to file an application before the learned trial Court where the challan is pending. The petitioner may take all the grounds which have been agitated before this Court and if any such application is filed, the same shall be decided expeditiously purely on merits and strictly in accordance with law after taking into consideration all the grounds which the petitioner may take in support of his version.