' The former writ petition was instituted by Mst Saeeda Wazir claiming to be a landlady of the house measuring 4 Marlas and 49 Sqaure Feet, which she allegedly inherited from her deceased husband along with her children. She allegedly sold that house vide registered sale-deed for an amount of Rs,9,00,000 (Rupees nine lac) on 12-3-1998, but the consideration was shown as one lac instead of the actual amount. She contended that she had sold the house with the prior permission of her children as she had got general power of attorney from those children who had attained majority and got an order from the Court of Guardian Judge regarding permission to sell the house in respect of the shares of minor children. In pursuance of that arrangement the house in question was sold to Qamar-uz-Zaman who 'came into possession on 15-3-1998 in pursuance of the aforesaid sale-deed. The ground floor of the house was given on rent to one Muhammad Raza by the petitioner before selling the house in question, but the vacant possession was delivered to the vendee after the abovementioned sale. The aforesaid Qamar-uz-Zaman took possession of the upper storey of the house and handed over its possession to his elder brother Abdur Rehman, who started living with his family in than part of the house. The real son of the petitioner namely Amanat along with one Kashif allegedly playing in the hands of Qabza group took possession of the house forcibly from the aforesaid Qamar-uz-Zaman and his elder brother Abdur Rehman a few months after the possession was delivered to the vendee by the petitioner. An application in respect of the dispossession wasp filed before the S.H.O., Police Station, Model Town, Gujranwala for the registration of the case against the aforesaid son of the petitioner and his other accomplice, but no action was taken by the police concerned. Rather respondents Nos.1 and 2 visited the house of the petitioner and threatened her to disown the sale in favour of Qamar-uz-Zaman failing which she would be involved in criminal cases. She being a Parda Nasheen lady having no criminal history felt up set upon the aforesaid harassm ent and intimidation and brought this Constitutional petition.
2. Parawise comments were called for from the respondents/S.H.Os., who submitted the detailed comments in which they disclosed that petitioner is widow of Wazir Ali deceased, who had left 4 sons namely Amanat Ali, Kashif, Shazib Unman and 5 daughters namely Rafia Wazir, Naureen Wazir, Sadef Wazir, Sam Wazir and Aasima Wazir. The aforesaid children of the deceased complained to the S.H.O., that they were deprived of their shares in the house left by their father by their mother i,e, petitioner in collusion with Qamar-uz-Zaman barber for which a bogus sale-deed was prepared. In this respect it was also contended that the petitioner had allegedly developed illicit relations with the aforesaid Qamar-uz-Zaman and removed their father from her way by poisoning him about 5-1/2 years ago, but they could not do anything. The petitioner apprehending counter-action on the part of her sons allegedly brought this writ petition. The police has allegedly nothing to do with the incident, although it is alleged that a raid was conducted at the house of the petitioner and she was harassed and intimidated to be involved in criminal cases. On the contrary it is contended that she wanted to pre-empt defense against herself and her paramour Qamar- uz-Zaman by bringing this writ petition. In this regard, it was further contended that a case vide F.I.R. No,567 of 1996 under section 420/468/471, P.P.C., was registered at Police Station, Civil Lines, Gujranwala at the report of real son of the petitioner namely Amanat Ali, in which it was contended that the property in question was in possession of the children, who were residing therein, but their mother i,e, petitioner whose antecedents were not satisfactory, prepared a sale-deed in the name of Qamar-uz-Zaman by forging a general power of attorney in her name and entered into a sate- deed on the basis of that forged deed and power of attorney thereby depriving aforesaid Amanat Ali and his brothers and sisters of their house. The aforesaid F.I.R., was challenged in the connected Writ Petition No,21887 of 1998 in which it was contended that the house was rightly sold by the petitioner after getting permission from her children to aforesaid Qamar-uz-Zaman, but the complainant of the aforesaid case i,e, Amant Ali who is her real son brought a false case for causing harassm ent not only to the petitioner, but also to the vendee Qamar-uzZaman, Quashment of the F.I.R., was requested.
3. I have heard the parties in both the writ petitions. Parawise comments were also submitted by respondents Nos.1 and 2 in the connected writ petition No,21887 of 1998. It was contended in the comments that the complainant of the case was real son of the petitioner Mst. Saeeda Wazir and has claimed that he alongwith his brothers and sisters were deprived of the house, which they inherited from their deceased father. The petitioner as pointed out above had claimed that the sale-deed was genuine and that the permission was sought from the grown up children and that permission of the Guardian Judge was obtained in respect of minor children before selling the house. However, that matter is under inquiry and investigation.
4. In view of the above facts, it cannot be said that the F.I.R., in question is mala fide or prima facie ill-conceived. This F.I.R., has been lodged by the real son of the A petitioner, who along with his brothers and sisters have been deprived of their property inherited by them from their deceased father. In such a situation, the investigation should be allowed to take its usual course and should not be stifled nor should be killed in its incubation. The Investigating Agency shall put the versions of two sides in juxta position and then come to a conclusion to promote the ends of justice. Hence there is no ground for quashment of F.I.R. No,567 of 1998 registered at. Police Station, Civil Lines, Gujranwala nor there is any ground to restrain the police to proceed with the investigation in its usual manner. Both the writ petitions being meritless are dismissed.