' One Liaqat Ali son of Abdul Hameed caste Rajput resident of Khairpur Sadaat, Tehsil Alipur, District Muzaffargarh got recorded F.I.R. No,123, dated 8-8-1998 at Police Station Khairpur Sadaat under section 379/406, Pakistan Penal Code and under section 42 of the Petroleum Act with the allegation that Muhammad Akram Ansari and Abdullah Nasir residents of Khairpur Sadaat were carrying on the business of sale of petrol in Mauza Khairpur Sadaat where superious petrol was being sold by Sajjad Hussain, driver of Tanker No,QA-9447. Many of the vehicles of the area have been damaged.
On 8-8-1998 he was present along with Muhammad Idrees son of Muhammad Rafiq on the business place of Muhammad Akram Ansari where Sajjad Hussain arrived while driving Oil Tanker No,QA-9447 who made sale of 1000 litres of petrol in consideration for Rs,20 per liter for total amount of Rs,20,000. On their inquiry Sajjad Hussain, driver (accused) is said to have intimated the complainant and Muhammad Idrees P.W. That he made sale of the petrol owned by Ghulam Farid Awan resident of near Railway Line Och Sharif. Liaqat Ali prayed for taking action against Sajjad Hussain on the ground that he had made sale of the stolen petrol.
2. Sajjad Hussain petitioner filed this writ petition for the quashment of the F.I.R. On the ground that he had not made sale of the petrol and that Liaqat Ali complainant had no locus standi to get registered the First Information Report.
3. On the query made by the Court the S.H.O. Has intimated that Ghulam Farid Awan owner of the petrol has not contacted him. He has further intimated that he had not sent any constable for the service of Ghulam Farid Awan in terms of provisions of 25.2 of the Police Rules, 1934.
4. However, Ghulam Farid Awan mentioned above has appeared before this Court along with his affidavit and a certified copy of his National Identity Card. He has sworn in his affidavit to the effect that his petrol has not been stolen and that Sajjad Hussain petitioner-accused has been falsely roped in.
5. This is a matter to be taken up urgently in view of the tact that it is a case of unnecessary harassm ent of Sajjad Hussain petitioner-accused at the hands of the police and obviously due to the transgression of authority by the S.H.O. Am tempted to express that the jurisdiction of a police station has to play the vital role with respect to the setting in motion the law. I would exemplify that an occurrence taking place within the territorial limits of a police station (a) cannot be reported at the other police station, (b) likewise in a theft case it is the locus stand of an owner of the property to report the matter to the police. If the owner of the stolen property is not desirous to get registered a criminal case, a stranger cannot report the matter to the police. If this type of free hand is given to the police there would be administrative chaos leading towards judicial anarchy.
' Rather whole of the social set-up shall stand devastated. This is one aspect of the matter. The other aspect of the matter is that in the instant case Ghulam Farid Awan who is named as an owner of the petrol has personally appeared before this Court alongwith his affidavit wherein he has sworn in that his petrol was not stolen. This aspect of the matter has stolen the eminence for the purpose of disposal of this petition in favour of the petitioner. The police cannot vex and tax Sajjad Hussain petitioner in the manner adopted by the S.H.O. It can safely be expressed that the case stands registered simply to project the authority of the complainant in the area without any legal and factual justification as well as entitlement and locus stand.
6. For what has been said above, I accept this writ petition and quash F.I.R. No,123 registered on 8- 8-1998 at Police Station Khairpur Sadaat, District Muzaffargarh.
7. At this stage learned counsel for Sajjad Hussain petitioner has intimated that Oil Tanker No,QA- 9447 is with the S.H.O. Police Station, Khairpur Sadaat, District Muzaffargarh. It is simply surprising that the oil tanker is under the possession of the police which is another instance of the transgression of authority by the S.H.O. The S.H.O. Is directed to return Oil Tanker No,QA-9447 to Sajjad Hussain petitioner on 27-8-1998 at 10-00 a.m. In lieu of a receipt failing which the law shall take its course.
F.I.R. Quashed.