ABDULLAH BALOCH, J.---In this petition, the petitioner Naeem Kasi son of Sher Zaman, is seeking the following relief: "Under the circumstances, it is respectfully prayed that the FIR No.92/2020 lodged at Police Station Airport Quetta, may kindly be quashed, in the interest of justice."
2. Facts of the case as contained in the petition are that the petitioner is businessman by profession, having different ancestral properties in District Quetta and thus he launched a housing scheme in the name and style of "Kasi Bahria Town" "Scheme" and accordingly approached the concerned authorities for issuance of NOC and accordingly on the directions of this Court NOC was issued to petitioner by the Quetta Development Authority "QDA", However. due to influence and pressure of Defence Housing Authority "DHA", the Deputy Commissioner Quetta, Additional Deputy Commissioner (Revenue) and Tehsildar Quetta started issuing notices to the petitioner for demolishing the boundary walls of scheme with the allegations that the petitioner has occupied/encroached 41-Acres of land, thus the petitioner himself and through his representatives including legal team approached the above official authorities and enquired them about the allegations, but they failed to satisfy the petitioner, rather behaved in a rude manner and turned them out of their office. Thus, the petitioner approached the learned Senior Civil Judge-IV Quetta and challenged the notices issued to him by filing a suit for declaration, cancellation and permanent injunction, hence accordingly the operation of notices issued to the petitioner were suspended, thus the revenue authorities contested the suit by filing their written statement by filing their written statement. However, at the time of arguments on the application under Order 39 Rules 1 and 2, C.P.C., the officials apprised the Court that DHA has submitted an application to Commissioner Quetta for demarcation of land and on the basis of said instance, the main suit was disposed of under Order VII, Rule 11, C.P.C., vide order dated 26th June 2020. It is further averred in the petition that the above referred revenue officials with the collusion of each other instead of standing on their statement made before the Court for demarcation of land Viala Mehterzai, without any course of law started demolishing the construction of lawful and legal Scheme with the help of police officials, thus on coming to know about such fact the petitioner visited the scheme and made requests to the officials to restrain from their illegal act, but without any practical results, thus he filed C.P. No. 520 of 2020 before this Court and accordingly status-quo order was issued, vide order dated 29th June 2020, but such order annoyed the complainant, who in order to pressurize the petitioner has lodged a false and baseless FIR No.92/2020 dated 29th June 2020, under sections 186, 353, 147, 148, 149 and 504, P.P.C., against the petitioner and others with the allegations of interference in the discharge of official duties of the government officials and using filthy language against them, thus through this petition the petitioner is seeking the Quashment of FIR No.92/2020 and all the proceedings carried there under.
3. Heard the learned counsel for parties and with their able assistance minutely perused the record.
The perusal of record reflects the demolishing of construction of scheme was being carried out in presence officials of law enforcing agencies, thus the allegations of interference in the discharge of officials duties by the petitioner is very illogical. Even otherwise, civil litigations remained pending between the parties before the Civil Court as well as before this Court, admittedly a case of civil nature is being made out and the presumption of malicious prosecution cannot be ruled out. It has also been observed that the petitioner party filed C.P. No.811 of 2020 and C.P. No.766 of 2020 before this Court, wherein the petitioners have challenged the vires of the Defence Housing Authority Quetta Act, 2015, thus accordingly a Larger Bench of this Court comprising upon five honorable judges was constituted and after hearing the parties at sufficient length, this Court vide judgment dated 16th December 2020, has not only declared certain provisions of the said Act as ultra vires to the Constitution of the Islamic Republic of Pakistan, but also declared that the DHA is a non- governmental organization as well as the Notification dated 30th May 2018 was declared null and void.
4. The instant FIR seems to be outcome of civil dispute in between the parties, thus resulted into criminal litigation. Even otherwise, the facts and circumstances establish that there is no incriminating material available on record to be based for conviction of petitioner, under such circumstances the provisions of section 561-A, Cr.P.C. confers inherent powers to this Court to make such orders, as may be necessary to give effect of any order under this code or to prevent abuse process of law to secure the ends of justice. These powers are very wide and can be exercised by the High Court at any time.
5. I am conscious of the fact that this Court in its inherent powers under section 561-A, Cr.P.C. ordinarily not interfere with the police investigation in a cognizable offence and more particularly when alternate course of action is also available under section 249-A or 265-K, Cr.P.C. before the trial Court, but however, simultaneously it is the prime duty of this Court to guard the citizen from any abuse of process of law. Even from the plain reading of FIR, no offence has been made out.
Reliance in this regard is placed on the case of Miraj Khan v. Gul Ahmed and 3 others, 2000 SCMR
122. The relevant portion is reproduced here under: "4. There is no absolute bar on the power of the High Court to quash an FIR and it is not always necessary to direct the aggrieved person to first exhaust the remedy available to him under section 249-A, Cr.P.C. It is coordinal principle of law that every criminal case should he adjudged on its own facts. The facts of one case differ from the other and, therefore, no rule of universal application can be laid in a certain case so as to be made applicable to other cases. Even in the case reported in PLD 1997 SC 275, relied on by the learned counsel for the petitioner this principle has been recognized that the High Court in exceptional cases can exercise jurisdiction under section 561-A, Cr.P.C. without waiting for trial Court to pass orders under section 249-A or 265-K, Cr.P.C., if the facts of the case so warrant. The main consideration to be kept in view would be whether the continuance of the proceedings before the trial forum would be futile exercise, wastage of time and abuse of process of Court or not. If on the basis of facts admitted and patent on record no offence can he made out a then it would amount to abuse of process of law to allow the prosecution to continue with the trial. If the facts of the present case are scrutinised on the touchstone of the above criteria then it would be obvious that the further proceedings in the Court on the basis of the impugned FIR would be sheer wastage of time. It is admitted in the FIR which is based on the written application of the complainant that the disputed amount was given as "Qarz-eHasna". It is obvious that the addition of word "Amanat" with "Qarz-e-Hasna" is ridiculous and appears to have been added so as to justify the registration of the criminal case. The cases relied on by the learned counsel for the caveator support the view taken by the High Court.
5. We are of the view that even on admitted facts no offence can be made out against the respondent as the dispute is entirely of civil nature which has been converted into criminal proceedings with ulterior motive. The High Court was, therefore, correct in quashment of the FIR and no exception can be taken to the impugned order. Consequently, leave to appeal is refused and this petition is dismissed."
For the above reasons, the petition is allowed and the FIR No.92/2020 of Police Station Air Port Quetta and all the proceedings carried there under are quashed.