' Through this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan of 1973, the petitioners seek quashment of a case registered against them vide F.I.R.
No,101/95, dated the 15th of April, 1995, under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979) inter alia on the ground that the case against the petitioners is false and that they are innocent.
2. It is settled law since 1945 that the police are under a statutory duty under section 154 of the Code of Criminal Procedure and have a statutory right under section 156 of the Code of Criminal Procedure to investigate a cognizable offence whenever a report is made to it disclosing the commission of a cognizable offence. To quash the police investigation on the ground that the case is false would be to act on treacherous grounds and would tantamount to an uncalled for interference by the Court with the duties of the police. Just as it is essential that everyone accused of a crime should have free access to a Court of justice so that he may be duly acquitted if found not guilty of the offence with which he is charged, so it is of the utmost importance that judiciary should not interfere with the police in matters which are within their domain and into which the law imposes upon them the duty of enquiry. The functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function. The Court's functions begin when a charge is preferred before it and not until then.
' The observance and the ratio decidendi of their Lordship of the Privy Council made in the case of Emperor v. Khawaja Nazir Ahmad AIR 1945 Privy Council 18 has been consistently approved and followed by the superior Courts of Pakistan.
3. In the case of M.S. Khawaja v. The State PLD 1965 Supreme Court 287, his lordship Mr. Justice A.R.
Cornelius, the then Chief Justice of Pakistan was pleased to observe that the investigation stage is outside the purview of the Court.
It was again held by his lordship Mr. Justice Hamooilur Rahman, the then Chief Justice of Pakistan in the case of Shahnaz Begum v. The Honourable Judges of the High Court of Sindh and Balochistan and another PLD 1971 ID Supreme Court 677, that there is no power to quash an investigation.
The same view has been expressed by my Lord Mr. Justice Sajjad Ali Shah, the present Chief Justice of Pakistan in the case of Badaruddin v. The Additional Sessions Judge of Jhang reported in PLD 1993 Supreme Court 399.
4. There is no merit in this petition which is dismissed in limine.