1. MUHAMMAD NASEEM, J.- Haji Imam Bakhsh. Raiz Bakhsh. Allah Wasaya. Zulfiqar, Iqbal alias Bala, Muhammad Nawaz and Ghulam Muhammad are the accused in case F.I.R. No. 215, dated 25.7.1995 registered at Police Station Sadar Lodhran under sections 436/379/148/149 PPC. The aforesaid FIR was got registered by Muhammad Murad on the basis of the filing of Writ Petition No. 3130 of 1995 which was disposed of on 12.7.1995. The allegation of Muhammad Murad complainant is that in his absence the aforesaid accused while armed with lethal weapons formed an unlawful assembly and in prosecution of their common object set at fire the 'Sahib (room) of his house w ho took away the valuables of the house. The names of the P.Ws, who saw the occurrence are mentioned in the FIR. This writ petition has been filed by the petitioners-accused for the quashment of FIR No. 215.
2. Dated 25.7.1995 registered at Police Station Sadar Lodhran; The contention of the petitioners- accused is that the possession was obtained through process of law as the bailiff was deputed by the Civil Court and with the assistance of the police the was executed. It is added that the articles were handed over to the 'Superdar' and that the petitioners are not the accused persons.
2. I have heard the learned counsel for the parties and gone through the record before me. I am in full agreement with the learned counsel for the petitioners that it is a good case for the quashment of the FIR. The admitted position is that in this case Muhammad Murad complainant was ejected/evicted* through the process of law by a bailiff of the Civil Court at the direction of the Civil Court with the assistance of the police after the petitioners-accused had to undergo the ordeal of the protracted litigation which has become the source of inconvenience to our public. The articles were handed over at the time of the execution of the warrant Of possession to the 'Superdar*.
3. Thereafter the complainant sought the assistance of Police Station Sadar Lodhran wish the intervention of Civil Court. Mumtaz Ahmad. Sub-Inspector Police Station Sadar Lodhran present in the court has intimated that he himself assisted the bailiff of the Civil Court at the spot when the complainant along with his paraphernalia was dispossessed. This aspect of the matter has simplified this dispute. The petitioners were within their legal rights to get the possession of the suit property from the complainant. The order was got executed with the help of the police by the Civil Court. The property handed over on 'Superdari' is with the 'Superdar' which can be received/recovered by Muhammad Murad complainant. My firm view is that the registration of the case at the instance of Muhammad Murad complainant is simply an abuse of process of law. The complainant is desirous to vex the petitioners-accused who dispossessed him through the process of law. It cannot be expected that in the presence of the bailiff and the Police Officer(s) the 'Sahil'
(room) of the house could be set at fire and the articles could be stolen. Obviously the articles of the house had to be removed and in that respect the same were handed overto the 'Superdar'
4. (custodian). The registration of the case and the continuation of the investigation cannot be allowed Especially when the petitioners-accused obtained the possession of the property after winning the case from the Civil Cour s upto Lahore High Court. Multan Bench. Multan.
5. 3, Considering it to be a fit case I accept this writ petition and quash FIR No. 215, dated 25.7.1995 registered at Police Station Sadar Lodhran under sections 436/379/148/149 PPC against the petitioners.