JUDGMENT KRAMAT NAZIR BHANDARI, J.- FIR No. 251/1994 was registered at Police Station Manghtanwala, District Sheikhupura, on 28.8.1994 under section 18 of the Ordinance No. 7 of 1979, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 against Javed Iqbal and his grand- father Sohna. The FIR was lodged by Mst. Sahib Bibi who stated that on 15.8.1994 when she was alone the two accused approached her and attempted to commit Zina upon her by using of force and by throwing her on the ground. Her clothes were torn out and her azarband also untied. On raising of cries the witnesses were attracted to the spot and upon seeing them the two accused ran away.
2. By way of this constitutional petition, Shahadat father of Javed Iqbal seeks quash ment of aforesaid FIR on the ground that no such occurrence ever took place and in any case Sohna accused being paternal father of Javed accused. It is highly unnatural that such an occurrence could have happened at the hands of the grand-father and grand-son.
3. Muhammad Akram ASI who has investigated the case has stated that according to his investigation, the occurrence did take place and that under orders of the Superior Police Officers the accusation has been changed to one under section 354/452 PPC. He also states that the challan is ready to be submitted in the competent court.
4. The quash ment is being sought on pure factual grounds. Without any evidence on record, it is not permissible to adjudicate such a controversy in the extraordinary constitutional jurisdiction. It is also not the function of this court to over-see the correctness or otherwise of the police investigation. The accused have to face the process of law by appearing before the trial court and defending themselves and the substituted remedy of Article 199 of the Constitution cannot be extended to them, in the absence of any legal or jurisdictional objection.
5. For what has been stated above, this writ petition is dismissed without any order as to costs.
Needless to and that the petitioners or the accused will have the remedy of seeking acquittal under section 249-A Cr.P.C., if so advised.