' The grievance voiced through this writ petition is that the mule belonging to the petitioner valuing Rs,20,000 was stolen by Yousaf son of Kameer, and other residents of Chak No,236/J.B., Tehsil Chiniot, District Jhang. The petitioner tried his level best to get the FIR. Recorded but he failed. He filed the application before the Deputy Inspector-General of Police Faisalabad who directed the S.P.
On 18-8-1992 to register the case and to report within 15 days but even then no case was registered.
2. Yousaf son of Kameer, the nominated accused in the application is the relative of Ahmed Khan, A.S.-1., respondent No,5 and the police instead of recording the case of the petitioner for theft of his mule got Ejaz younger brother of the petitioner involved in case F.I.R. No,418, Police Station Bhawana, dated 2-9-1992 and such-like other cases. A direction for the registration of the case of theft of mule has been sought and a abashment for the cases registered against Ejaz Hussain, the brother of the petitioner has also been prayed for.
3. A report was called for in this case from respondent No,3 which has been received.
4. Rana Muhammad Arshad, Additional Advocate-General appeared in this case who submitted that this Court is not the proper forum to hold an enquiry into all the allegations leveled by the petitioner against the police and that of the police against the petitioner's brother. The proper course is that when the challan against the accused is being put up in the Court the petitioner or the accused may move under section 249-A, Cr.P.C. For his acquittal.
5. I have heard the learned counsel for the petitioner and also the learned Additional Advocate- General and have also gone through the record very minutely. I find that the police is alleging the involvement of Ejaz Hussain son of Shah Beg brother of the petitioner being involved in three theft cases; the detail of which has been given in the report submitted by the police. The High Court while sitting in Constitutional petition cannot probe into the allegations leveled by both sides. The petitioner if so advised may move the learned trial Court under section 249-A, Cr.P.C. For his acquittal if there is no evidence with the prosecution to proceed against him. The trial Court shall decide the application strictly on merits and in accordance with law.
6. With this observation, this petition is disposed of.