This is a petition under Article 9 of the Provisional Constitution Order, 1981 for the quashment of F. I.
R. No. 9 dated 23rd June, 1977 registered with Police Station Anti-Corruption, Kasur.
2. Learned counsel for the petitioners submits that the entire prose--cution proceedings initiated against the petitioners are mala fide and tantamount to abuse of the process of law, in that, earlier writ petition No. 470/77 was dismissed by this Court inter alia with the observations that the allegations of misappropriation of the Government Funds by the Government functionaries in an irregular manner was in consequence of the payment made by the Lambardars in that writ petition at their own risk and if those Government functionaries retained the amount them--selves dishonestly, it was a matter between them and the Lambardars/ petitioners. It was further observed that in terms of rule 45 of the West Pakistan Land Revenue Rules, 1968, the mode of payment is prescribed and that the petitioners/Lambardars in that writ petition failed to show that they resorted to any of those modes. No receipts were produced by them to show payment in the Teshil nor any Treasury Challans were produced in support of their contention that the payment was duly collected by the petitioners/lambardars in that writ petition. It was further observed in the order that in terms of clause (b) of section 113 of the Land Revenue Act, the petitioners/Lambardars having failed to credit the land revenue, in dispute to the Government in the manner provided in the Rules, the Government was entitled to try and recover the same from them as arrears of land revenue. In the instant case, it is submitted by Mr. C. M. Latif Rawn, learned counsel for the petitioners, that the Govern--ment instead of recovering the disputed amount from the delinquent in the light of the observations made in the order dated 5th December 1977 passed in writ petition No. 470/1977 intends to prosecute the peti--tioners in consequence of the aforesaid First Information Report, lodged against the petitioners and others. Learned counsel for the petitioners further submits that Muhammad Ishaque, petitioner No. 1 was not posted in Kasur at the relevant time and Muhammad Saleem petitioner No. 2 was absolved of the charges during the course of departmental proceed--ings. Learned counsel further submits that the Deptuy Commissioner, Lahore alone is the competent authority to take judicial action against the petitioners in pursuance of the F. I. R. And that in any case, the Circle Officer, Police Station Anti-Corruption Establishment, Kasur has already moved the relevant authorities for cancellation of the case.
3. Without expressing any opinion on the merits of the case, I a not inclined to exercise my discretionary constitutional jurisdiction, firstly, because the present petition is premature, in that, the challan has not been put up before the learned Special Judge, as per statement made by the learned counsel for the petitioners. Furthermore in terms of section 265-K of the Code of Criminal Procedure, the learned Special Judge, is fully empowered to acquit the accused at any stage of the case, if, after hearing the prosecutor and the accused and for reasons to be recorded he considers that there is no probability of the accused being convicted of any offence. This being so, the petitioners may, if so advised approach the learned Special Judge concerned for their bail and also move at the appropriate stage an application under section 265-K, Cr. P. C. If such an application is made, I have do doubt in my mind that the learned Special Judge shall consider it justly, fairly, equitably and in accordance with law before proceeding further in the matter.
4. With these observations, the writ petition is disposed of.