MUHAMMAD NASEEM CHAUDHRI, J.- One Shehzad Akbar got recorded FIR No. 539, dated 10.12.1997 at Police Station Saddar, Wazirabad, District Gujranwala under Sections 506, 337-H(ii)/148/149/109, Pakistan Penal Code with the allegation that on 6.12.1997 at 11.00 a.m. He was going to his land situated in Kot Jaffar when he was surprised in front of the Dera of Shahid Mumtaz son of Mumtaz Ahmad Lumbardar by Nannha, Tahir alias Tahiri, Bashir Dindar and 3-4 other persons each armed with lethal weapon while they were in a jeep. Nannha armed with 30-bore and Bashir Dindar armed with .222 bore abused him and criminally intimated him who aimed the weapons upon him and asked him to withdraw the civil suits against Asif son of Ashiq Hussain. In the meanwhile Shahid Mumtaz and Nayyar Cheema, residents of Kot Jaffar were attracted while his (complainant's) servant Tahir son of Zafar Hussain was with him who saw the occurrence. It is narrated in the FIR that the occurrence had taken place at the instance of Asif and Suleman sons of Ashiq Hussain.
2. In connection with the investigation of the aforesaid case FIR No. 539 of 1997 registered on 10.11.1997 the Police, Police Station Saddar Wazirabad under the supervision of Nasrullah, SI/SHO who was having the assistance of nine subordinates as well as Mazhar Iqbal, SI/SHO Police Station Sohdara (with his subordinates) and Tassaduq Hussain, Inspector/SHO Police Station Gakhar (with his subordinates) went to the house of Asif son of Ashiq Hussain in Mauza Gunianwala. Mr. Riaz Ahmad, Resident Magistrate, Wazirabad and Mst. Hamidan Bibi, Lady Constable also accompanied them. They knocked the house of Asif son of Muhammad Hussain at 2.00 p.m. Mr. Riaz Ahmad, Magistrate lst Class introduced himself from outside the house. Intizar Jillani alias Nannha, Bashir Ahmad, Shabhir Ahmad and Muhammad Asif are said to have gone on the roof of die house and made the firing on the police and the Resident Magistrate who were not hurt. About this occurrence FIR No. 540, dated 11.12.1997 was registered under Sections 324/353, Pakistan Penal Code.
3. The aforesaid persons were arrested. Muhammad Asif is said to have produced a pump action rifle before Nasrullah Khan, SI/SHO was got recorded FIR No. 541, dated 11.12.1997 under Section 13 of the Arms Ordinance, 1965. Intizar Jillani alias Nannha is said to have produced 222 rifle before Nasrullah Khan, SI/SHO which was taken into possession vide memo. About this recovery FIR No. 542, dated 11.12.1997 Was registered at Police Station Saddar Wazirabad under Section 13 Of the Arms Ordinance, 1965.
4. Shabhir Ahmad was apprehended with 7 MM rifle with magazine which was taken into possession by Ahmad Khan, ASI vide memo, who got recorded FIR No. 543, dated 11.12.1997 under Section 13 of the Arms Ordinance, 1965. Bashir Ahmad is said to have produced double barrel, gun before Tariq Mahmood, ASI at that time who got recorded FIR No. 544, dated 11.12.1997 under Section 13 of the Arms Ordinance, 1965.
5. Muhammad Asif petitioner has find this writ petition on 10.3.1998 for the quashment of the aforesaid all the FIRs No. 539, dated 10.12.1997 and No. 540 to 544 each dated 11.12.1997 on the grounds that the police, Police Station Saddar Wazirabad had no territorial jurisdiction to register FIR No. 539 of 1997 as village Kot Jaffar was situated within the territorial limits of Police Station Ahmad Nagar and not within the territorial jurisdiction of Police Station Saddar Wazirabad, that the investigation of the case could not be conducted by the said police who could not go to the house of Muhammad Asif and could not collect the material for corroboration of the initial FIR No. 539 of 1997 and that the licensed weapon of one accused person was shown to have been produced by another accused person to make the same unlicensed weapon.
6. In the comments dated 17.4.1998 the Senior Superintendent of Police, Gujranwala expressed that FIR No. 539, dated 10.12.1997 registered at Police Station Saddar Wazirabad has already been cancelled for want of territorial jurisdiction. About the registration of the remaining FIRs it was expressed that the police was find at and the illicit arms were recovered. It was submitted that the cases were under investigation with the Additional Superintendent of Police, Gujranwala who would finalize the same strictly on merits. However, no reply was made to the assertion that the licensed arm of one accused was shown to have been produced by another accused to make the same unlicensed for the purpose of the attraction of Section 13 of the Arms Ordinance, 1965 in each case.
7. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate General and gone through the record before me. The main contention of the learned counsel for the petitioner is that the Senior Superintendent of Police, Gujranwala has conceded in the comments about the cancellation of FIR No. 539 of 1997 registered at Police Station Saddar Wazirabad on the ground that the said police had no territorial jurisdiction to register the same and that thereafter the investigation conducted in the matter could not be given the weight and is liable to be quashed which means that the cases registered afterwards cannot stand on the legal footing especially when the licensed weapon of one accused is shown to have been produced by an other person who has been made the accused for keeping the unlicensed arm. He referred to the photostats of the licenses issued in the matter which form part of the file. On the contrary the contention of the learned Assistant Advocate General is that the registration of the Crime Cases Nos. 540 to 544 each dated 11.12.1997 has to be taken up independently and the same are not liable to be quashed. My view is that the reasoning adopted by the learned counsel for the petitioner has to prevail. The fact that initial FIR No. 539, dated 10.12.1997 could not be registered at Police Station Saddar Wazirabad due to want of territorial jurisdiction, which has been cancelled, has made me to hold that the police was not competent to investigate the. Case and to proceed further. It is a clear cut case of transgression of authority on the part of the police which registered FIR No. 539 of 1997 at Police Station Saddar Wazirabad against the accused. It seems that with the assistance of some influential person the complainant succeeded in getting registered the said FIR. There are water tight compartments of jurisdiction and to set the law in motion the most important aspect is the territorial jurisdiction. Rather the power and authority is linked with the territorial jurisdiction. The position is that the Police, Police Station Saddar Wazirabad has itself got cancelled FIR No. 539 registered on 10.12.1997. This being the position how it could proceed further to investigate the same. The fact that Mr. Riaz Ahmad Resident Magistrate Wazirabad was associated by the police who reached alongwith the police on 11.12.1998 at 2.00 p.m. In the house of the petitioner is enough to make out as to how the petitioner and the other accused were being treated. It can safely be expressed that to put the pressure upon the petitioner with respect to the conclusion of the civil litigation in his own favour, Shahzad Akbar Cheema complainant of Crime Case No. 539 of 1997 succeeded in taking the assistance of the Police, Police Station Saddar Wazirabad. Due to want of territorial jurisdiction the police could not proceed further to investigate the case and to collect the material. It is specifically contained in FIR No. 540 registered on 11.12.1997 that towards the investigation of case FIR No. 539, dated 10.12.1997 the police had gone to the house of Muhammad Asif petitioner. The mere fact that a Magistrate lst Class accompanied the police would not make it competent in the matter. The taking into possession of the alleged illicit arms under Section 40 of the Qanoon-e-Shahadat Order, 1984, in view of being subsequent proceedings of investigation of the initial FIR No. 539 of 1997 since cancelled, has no blessing from the law of the land. The contention of the learned counsel for the petitioner that the licensed fire-arm of one person was shown to have been produced by another has also the force in view of the photostats of the licences attached with the file. I would expresses that the police claims to be the 'Muhafiz' but its aforesaid working deserves castigation as it is a source of inconvenience to the petitioner and the alleged accused of the aforesaid FIRs.
8. Right from the beginning the Police, Police Station Saddar Wazirabad acted with mala fides.
Without territorial jurisdiction FIR No. 539, dated 10.12.1997 was registered. Nasrullah Khan SI/SHO Police Station Saddar Wazirabad opted to join Mr. Riaz Ahmad, Magistrate lst Class, Wazirabad, Mazhar Iqbal, SI/SHO Police Station Sohdara (with his subordinates) and Tassaduq Hussain, Inspector/SHO Police Station Ghakkar (with his subordinates). Legally the said Magistrate lst Class and both the said Station House Officers were not competent to have joined the Police, . Police Station Saddar Wazirabad for investigation. Viewed in this perspective, the subsequent proceedings after registration of FIR No. 539, dated 10.12.1997 were without authority and without jurisdiction.
9. For what has been said above, I accept this writ petition and quash the aforesaid FIRs. Nos. 540 to 544 each dated 11.12.1997 registered at Police Station Saddar Wazirabad, District Gujranwala. FIR No. 539, dated 10.12.1997 registered at Police Station Saddar Wazirabad already stands cancelled for want of jurisdiction as admitted by the respondents.
10. This writ petition was find on 10.3.1998. The cases were under investigation on 17.4.1998 when the comments were -sent by the Senior Superintendent of Police, Gujranwala. Learned Assistant Advocate General expressed that the challans have been submitted and now the petitioner shall have to move the trial Court under Section 249-A of the Code of Criminal Procedure. I do not agree with him. Since the writ petition was find before the completion of investigation, the submission of challan in each case would not debar this Court to dispose of the same finally on merits especially when it is a common practice with the police to immediately submit the challan of a Case wherein writ petition is find for quashment of FIR. This aspect of the matter, in the aforesaid circumstances, shall not be of any legal benefit to the State. I, therefore, hold that the criminal proceedings initiated in each case in the matter shall sail in the same boat and shall meet the same fate which in each case are also quashed. In consequence I hold that all the accused mentioned in. FIRs. No. 540 to 544 each dated 11.12.1997 stand exonerated. The weapons shall be returned to the respective licence holder. No order as to costs.
11. Before parting with this judgment I am tempted to take an exception to the conduct of Mr. Riaz Ahmad Executive Magistrate lst Class Wazirabad who accompanied the Police, Police Station Saddar Wazirabad to the house of Muhammad Asif petitioner-accused at mid-night towards the investigation of case FIR No. 539, dated 10.12.1997 registered at the said Police Station. A Magistrate lst Class is not competent to investigate a criminal case with the police and it can be expressed that Mr. Riaz Ahmad Executive Magistrate 1st Class, Wazirabad proceeded illegally and without jurisdiction to project his authority in the area. He and other Executive Magistrates should avoid such a working to save themselves from physical/bodily and professional damage of every kind.