' Through the captioned Constitution Petition, petitioners namely Khuda Bux Kourejo and Shamshad All Kourejo have invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution. Petitioners have sought following reliefs:--
(a) That this Hon'ble Court may be pleased to call upon Respondents No, 1 to 3. So also private Respondents No, 4 restraining them from causing harassment to petitioners in any manner, with further directions to them not to compel or pressurize petitioners for recovery of amount outstanding against them without due process of law;
(b) Direct the official respondents to provide adequate protection of law to the life, liberty, property and honour of the petitioners as guaranteed under the Constitution;
(c) To direct official respondents not to register any deliberate false F.I.R/cases against the petitioner's at instance of private respondent;
(d)
2. Relevant facts spelt out from the instant petition are that there are some outstanding amounts of Respondent No, 5 against the petitioners which were received by them in connection of government service but appointment letters issued in the name of Respondent No, 5 were found fake. It further stated that petitioners are ready and willing to pay the said amounts, but within some span of time and in easy installments, but the Respondent No, 5 has been demanding payment of said huge amount instantly. It is further averred that petitioners many times clarified to the Respondent No, 5 that they are unable to pay such huge amount promptly, whereupon he became annoyed and has been extending threats of dire consequences to the petitioners to implicate them falsely in criminal cases, as he is an influential person of the locality. It is also stated that official Respondents No, 1 to 3, at the instance and behest of private respondent, have been calling petitioners at police station and pressurizing and compelling them to pay the outstanding amounts immediately, while the matter between the parties is of a civil nature and petitioners intend to avail appropriate remedy by approaching the competent Court of law but the official respondents with mala fide intention and ulterior motives, have been interfering into their dispute and their acts tantamount to cause harassment which has created panic not only for petitioners but also for their family members. It is further asserted that due to undue harassment and unjustified demands, petitioners approached Respondent No, 4, SSP Larkana and requested him to intervene into the matter and provide protection to them but of no avail.
3. Petitioner Khuda Bux present in person submits that petitioners received amount from Respondent No, 5 for issuance of appointment letters for government job and they are ready to repay the outstanding amount to Respondent No, 5 but he has been compelling them to refund the outstanding amount instantly, which is purely illegal and respondent may be restrained from causing the harassm ent.
4. Learned State counsel files comments on behalf of Respondent No, 1 to 4 which are taken on record and copies supplied to the petitioners. He further contended that neither petitioners had approached to the official respondents nor they had called them to pay the outstanding dues and petitioners have levelled the false allegations with ulterior motives.
5. Mr. Inayatullah G. Morio, advocate fees vakalatnama on behalf of Respondent No, 5, which is taken on record. He contended that petitioners had provided fake and bogus photocopies of appointment letters, offer letter, posting letter and service book; he filed photocopies of all the referred documents which are taken on record. He further submitted that petitioners had received Rs, 5,00,000/- against the first appointment letter and Rs, 3,00,000/-against second appointment letter and in all they received Rs, 8,00,000/-. He further emphasized that on demand of return of said amounts by Respondent No, 5, petitioners instead of repaying the said amount, have caused the harassm ent and mental agony to them by filing the instant petition.
6. Perusal of the material available on the record and consideration of arguments advanced by the parties emanate that indeed petitioners had received an amount of Rs, 5,00,000/- from Respondent No, 5 and handed over appointment letter dated 10.02.2012, in the name of respondent, in PTDC Motels (N) as clerk which was found fake. Subsequently, petitioners again provided Respondent No, 5, another offer letter dated 18.12.2012, in his name for the appointment to the post of JST, order dated 01.01.2013 issued by Directorate of School Education, Karachi Region, posting order dated 16.07.2013, service book as JST and undertaking executed by Petitioner No, 1 on a stamp paper but all said documents were also bogus.
7. Considering the above facts and circumstances, it is crystal clear that the petitioners had received Rs, 8,00,000/- from Respondent No, 5 and twicely provided him fake and bogus appointment orders and said facts have been candidly admitted by the Petitioner No,
1. Conversely, the official respondents have vehemently denied the allegations levelled by the petitioners and took stance that none of the parties had approached them for intervening in the dispute going on between them. In the purview of the admission of facts by the petitioners, I am clear in my mind that petitioners have invoked the Constitutional jurisdiction of this Court with mala fide intention and they not only wasted the time of the Court but also caused harassment and mental agony to the Respondent No, 5 by dragging him in Court. Consequently, to curb such evil elements and discourage the malpractice, instant petition being frivolous stands dismissed with a cost of Rs, 10,000/- each to be deposited within 15 days in dispensary fund of this Court at Larkana, and in case of failure to deposit the cost within the stipulated period, the SSP Larkana, be directed to recover the same amount and deposit it with Additional Registrar of this Court, who will deposit the same in relevant account referred supra.