CH. IJAZ AHMAD, J.- This habeas corpus was find on 12.12.1997 and the bailiff was directed to produce the detenu in this Court on 17.12.1997. The report of bailiff is on record, according to which the petitioner was arrested 3 days earlier but the FIR was recorded on 12.12.1997 u/S. 379 PPC. The learned counsel of the petitioner contended that petitioner was not involved in any case, but as the police officials came to know that the petitioner approached the Court, therefore, subsequently mala fide recorded the FIR on 12.12.1997 at 0730 a.m. He further contended that the said FIR is result of malice and baseless. The learned law officer is present in the Court in connection with an other case. He argued that complainant Muhammad Shamoon has find written complaint against the petitioner and other co-accused on 8.12.1997 before D.S.P. Police Arifwala on 7.12.1997, who forwarded the same to SHO Saddar Arifwala on 8. 12.1997, consequently, the SHO registered the case on the basis of said complaint. The learned law officer further argued that even if the FIR was lodged subsequently but the habeas corpus becomes infructuous automatically, as the petitioner is involved in a criminal case. The learned counsel of the complainant appeared and supported the facts, narrated by the learned law officer. The learned counsel for the petitioner in rebuttal urged that it is preplanned affairs of the police and the complainant, otherwise the complainant is not in a position to know that the case is find for 17.12.1997.
2. I have given my anxious consideration to the contention of the learned counsels of the parties.
The Habeas Corpus automatically becomes infructuous on the well known principle of law, if the detention is legalized subsequently as the petitioner is involved in a case FIR No. 691 dated 12.12.1997, I am fortified by the judgment of Qadir's case PLD 1958 Peshawar 38. In the present case, the- respondents placed on record FIR No. 691/97 dated 12.12.1997, in which petitioner committed offence alongwith his co-accused u/S. 379 PPC. In view of these circumstances, the same is dismissed, Anyhow, the same is sent to D.I.G, Multan Range, Multan to look Into the conduct of police official personally and pass an appropriate order strictly in accordance with law.