' Criminal case F.I.R. No, 377, dated 30-8-1997 under section 302/34, P.P.C. Was registered at the instance of present petitioner against Muhammad Aslam, A.S.I. And Mushtaq Constable for the murder of Ali Hussain. Subsequently Muhammad Anwar son of Sultan who was father of Ali Hussain deceased submitted an application before Circle Officer on 31-8-1997 wherein the petitioner and two others namely Pervez Iqbal and Muhammad Ashraf were also involved as being the accused.
The complainant subsequently submitted another application before the D.S.P. (Legal) wherein he exonerated present petitioner from charge of murder of his son. Investigation of criminal case was carried out and petitioner was found innocent. However, subsequently on the opinion of D.S.P.
(Legal) section 109, P.P.C. Was added and petitioner was also made accused in the case. Aggrieved of that order present petition was submitted for quashment of the case to the extent of present petitioner.
2. Notice of the petition was issued by order, dated 26-1-1999. Learned counsel for the petitioner, learned A.A.-G. And complainant who is present in person have been heard today and record seen.
3. The petitioner in two investigations was declared innocent but was made accused in the case by pressing into service provisions of section 109, P.P.C. Statement of Moharrir was recorded after about 8 months of the incident which was in terms that Muhammad Aslam. A.S.I. And Mushtaq Constable had removed the deceased from the Police Station after having asked the petitioner.
There was nowhere alleged in the statement of Naib Moharrir and other functionaries of Police _Station that Muhammad Aslam, A.S.I. Had removed Ali Hussain from jail at the instance of petitioner or that at the relevant time petitioner had directed the A.S.I. To belabour Ali Hussain or to cause harm of any nature to him. The material on record does not manifest involvement of the petitioner in the commission of offence of abetment, conspiracy or confederation. There apparently was no justification in holding the petitioner to be guilty or for challaning him to Court.
4. The petition is consequently allowed. Criminal case to the extent of petitioner is hereby' declared to have been registered without lawful authority. Name of the petitioner shall be deleted from report under section 173, Cr.P.C.
5. The occurrence in this case had taken place in August, 1997 and report under section 173, Cr.P.C.
Though finalized, yet has not been submitted before the trial Court. The S.H.O. Police Station Hanjarwal District Lahore is directed to submit challan in the trial Court by 15-11-1999 without fail.
Learned trial Court shall also commence with the trial of the case and dispose it of expeditiously.
6. It might be observed that observations made above are tentative in nature and shall not be binding on the trial Court at the time of framing of charge against the persons, found to be connected with the commission of offence.