1. WAHEEDUDDIN AHMAD, J.-On the 26th May 1971, an F. I. R was registered at Police Station Miani, District Sargodha against the petitioners and one Mohammad Nazar alias Nazra, son of petitioner No. 1 and brother of petitioner No. 2, under section 307/34, P. P. C. Which was subsequently changed to section 302, P. P. C. The occurrence took place on the 26th May 1971, at dophar-wela. During the investigation, the, police placed the petitioner No. 1 in column No. 2 and petitioner No. 2 was found innocent. In spite of this, the petitioners have been challaned and the case is pending against them before the Inquiry Magistrate Khawaja Maqsud Pervaiz, Magistrate 1st Class, Sargodha. The petitioners have challenged the enquiry in quashment proceedings in Criminal Misc. No. 531/Q of 1971 in the Lahore High Court. A learned Single Judge of the High Court has dismissed their petition in limine, by order dated the 1st November 1971. The petitioners seek permission to file an appeal against that order.
2. The main grievance of the petitioners is that once the police has investigated the case and found that there is no case against the party, no further enquiry can be held against that party. This contention is based on section 173 of the Criminal Procedure Code. The contention is not well founded. As pointed out by the High Court, it is not the function of the police to hold the person innocent or guilty and they were not to perform the function of the Court. The enquiry against the petitioners is being held quite properly and there is no ground to interfere at this stage. The petition is dismissed.