' Mr. Javed Akhtar, Assistant Commissioner, Narowal, respondent No,1 herein, got a case registered against Liaqat Ali petitioner under section 420/406, PPC on the allegation that the petitioner being and owner of Life Line Gas Agency had committed fraud by not supplying the gas to Havaldar (Rtd.) Ghulam Muhammad Janjua and other residents of Zafarwal Town although he had received money from them. Police after necessary investigation found that the case was false and recommended its cancellation. The matter was placed before respondent No,1, who by order dated 4-2-1987 did not agree with the recommendation/report of the investigating agency and directed "a prima facie case is made out against the owner of the Agency. He challaned. The challan be submitted within three days, repeated, within three days." This order of respondent No,1 has been brought under challenge by the petitioner in the present constitutional petition.
2. Learned Assistant Advocate-General appearing for the respondents quite frankly concedes that the respondent/Magistrate at whose instance case was earlier registered (which on investigation was found false) was not competent to pass the impugned order directing the police to submit the challan because by giving this direction, respondent No,1, who himself was the complainant in the case, assumed the role of a Judge in his own cause.
3. In view of the concession of the learned A.A.-G. This writ petition is allowed. As the learned A.A.-G.
Has appeared on behalf of the respondents this petition is being disposed of as a notice case. In the circumstances, there will be no order as to costs.