This is a Constitutional petition under Article 199 of the Islamic Republic of Pakistan for quashment of F.I.R. No.4 registered with Police Station Civil Lines, Gujranwala on 3-1-1989 under section 409, P.P.C. The petition was admitted to hearing and notices were issued to the respondents.
2. The learned counsel for the petitioner in support of the petition argued that the allegations as contained in the First Information Report are absolutely false and there is nothing with the prosecution to substantiate the same.
3. On the other hand, Hafiz Tariq Nasim, Advocate, appearing for respondent No. 1 argued that the fact the petitioner deposited a sum of Rs.2,731 towards the amount allegedly misappropriated by him is sufficient to prove the allegations. The learned counsel summed up his submissions with the argument that this Court cannot appreciate the evidence while quashing the F.I.R. In this behalf he has referred to the case of Manzoor Hussain Shah v. The State 1988 SCMR 265. The learned Additional Advocate-General while adding to the submissions of the learned counsel for the complainant argued that the police after investigation has submitted the challan against the petitioner. This fact is sufficient to prove the prima facie case against the petitioner.
4. I have given my anxious consideration to the arguments of the parties. In view of the order proposed I need not discuss the merits of the points raised on both sides as the same is bound to prejudice the case of either party. Suffice it is to observe here that since the challan has been submitted in the trial Court, therefore, the petitioner should agitate all the points before the said Court. The learned counsel for the petitioner expressed his apprehension that the purpose of the respondents is to prolong the agony of the petitioner for years. This apprehension can be very well removed by direction to the trial Court for expeditious trial. In this view of the matter, this petition is dismissed. However, the learned trial Court is directed to expeditiously complete the trial of the case against the petitioner and in any case before 31st of August1991.