' SHAH JEHAN KHAN AKHUNDZADA, J.---Through the instant petition filed under section 561-A, Cr.P.C., the petitioner, namely, Muhammad Mushtaq, has sought the quashment of F.I.R. No,121 dated 24-9- 2012 registered under section 365-B, P.P.C. At Police Station Band Korai D.I.Khan, mainly on the ground that the contents of the F.I.R. Ibid are totally false and frivolous.
2. Learned counsel for the petitioner vehemently contended that this petition for quashment of the F.I.R. In question is based on sound reasons and, as such, the F.I.R. Ibid is liable to be quashed being baseless and frivolous.
3. On the other hand, the learned Deputy Advocate General representing the State assisted by the learned counsel for the respondents Nos.1 and 2 opposed the petition and arguments of the learned counsel for the petitioner in support of it on the ground that since a cognizable offence has allegedly been committed by the petitioner which requires proper investigation, enquiry and pro and contra evidence in the court of competent jurisdiction.
3(sic) After hearing arguments of the learned counsel for the parties and perusing the record, I find no substance in the arguments of the learned counsel for the petitioner because the complainant/respondent No,1 in his initial report has alleged the commission of a cognizable offence allegedly committed by the petitioner which cannot be adjudicated upon without proper investigation and enquiry on the part of the local police and recording pro and contra evidence in the court of competent jurisdiction.
4. As such, without dilating upon the merits of the case, so that it may not prejudice the case of either party during trial, I find no substance in this quashment petition, hence the same is hereby dismissed in limine. Reliance is placed on the case law/dictom laid down by the honourble apex court in the judgments reported as Bashir Ahmad v. Zafer-ul-Islam (PLD 2004 Supreme Court 298) and Sher Afghan Khan Niazi v. All Habib and others (2011 SCM R 1813).