Through the instant writ petition, petitione r has prayed for quashing of Rapat No. 2/11 dated 17.10.2021, lodged in FIR No. 441 of 2021 registered with police station Industrial Area I-9, Islamabad.
2. Brief facts of the case are that FIR No. 441/2021 was registered under Secti ons 420, 468, & 471 PPC with Police Station Industrial Area I-9, Islamabad on the complaint of the petitioner against respondent No.3 namely Zulfiqar Ali.
3. During the course of investigation, it reveals that the petitioner has lodged a false and fabricated FIR No. 441/2021 against the respondent No. 3. In such view of the matter , Rapat No. 2/11, dated 17.10.2021 under Section 420, 468 & 471 PPC was lodged against the petitioner , being impugned through the instant writ petition.
4. Learned counsel contended that the allegation leveled against the petitioner in the instant case is false and fabricated and a false Rapathas been registered against the petitioner with malafide intention and ulterior motive; that the Rapatwas registered against the petitioner on the basis of forensic report in negation of concept and scope enunciates in Section 161 Cr.P.C despite the fact that statement of two witnesses were duly recorded under Section 161 Cr.P.C.; that the facts reported by the respondent No.3 in impugned Rapat, as a matter of fact, falls within the ambit of defense version and never be regarded as information under Section 154 Cr .P.C.
5. On the other hand, learned counsel for respondent No.3 repelled the above submission and prays for dismissal of the instant writ petition.
6. Arguments heard, record perused.
7. The Rapat, sought to be quashed , is offshoot of the FIR got registered by the petitioner against respondent No.3 wherein during investigation, signatures of respondent No.3 on the three receipts, subject matter of the main FIR, were found forged and the respondent No.3 has since been declared innocent.
8. The questions regarding reliance on forensic report in presence of statements of two witnesses of the stated receipt and the version being asserted by the petitioner to seek quashing of the Rapat warrant factual inquiry , not permissible under Constitutional jurisdiction.
9. Furthermore, the challan in the instant matter has been submitted before the Court of competent jurisdiction, where the petitioner retains more than one alternate remedy , therefore, the instant writ petition is not maintainable.
Reliance is placed upon case of "State through Advocate-General, NWFP Peshawar and others. V. Gulzar Muhammad and others" ( 1998 SCMR 873 ) and "Miraj Khan V . Gull Ahmed and 3 others" ( 2000 SCMR 122 ).
10. Admittedly , petitioner had already availed remedy of pre-arrest bail. In an identical situation, the Hon'ble Apex Court in the case of "Ajmeel Khan V . Abdul Rahim and others." ( PLD 2009 SC 102 ) observed that:- "Needless to emphasis, that functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function. If a criminal liability is spelt out from facts and circu mstances of a particular case, accused can be tried upon a criminal charge. Quashment of FIR during investigation tantamount to throttling the investigation which is not permissible in law. However , FIR can be quashed by High Court in its writ jurisdiction when its registration appears to be misuse of process of law or without any legal justification. The police are under a statutory duty under Section 154 of the Code of Criminal Procedure and have a statutory right under Section 156 of the Code of Criminal Procedure to investigate a cognizable offence whenever a report is made to it disclosing the commission of a cognizable offence. To quash the police investigation on the ground that the case is false would be to act on treacherous grounds and would tantamount to an uncalled for interference by the Court with the duties of the police."
11- In view of above, there exists no exceptional ground warranting quashing of subject Rapat, consequently , the instant writ petition fails and accordingly dismissed.