This petition under Article 199 of the Constitution, 1973 has been filed for the quashment of F.I.R.
No,361 registered on 23-10-1999 under section 13-B of the Arms Ordinance, 1965 at Police Station Dinga, District Gujrat.
2. The facts giving rise to this petition are that Imtaiz Sarwar Inspector/S.H.O. Police Station, Dinga, District Gujrat recorded F.I.R. No,361 on 23-10-1999 at 4-00 a.m. At Police Station, Dinga, District Gujrat under section 13-B of the Arms Ordinance, 1965 wherein he narrated that he received a secret information that Javed Kahlid alias Jaidi son of Mehdi Khan caste Gujjar resident of Khori Alam was in possession of a kalashnikov and other arms without licence and if a raid was effected at his house the illicit arms could be recovered. He mentioned in the F.I.R. That a case under section 13-B of the Arms Ordinance, 1965 was made out and that alongwith the police of the Police Station, Kharian and Police Station Sarai Alamgir, he was going to the spot.
3. Expressing that before the recovery of the illicit arms the case could not be registered, the petitioner filed this petition for the quashment of the F.I.R.
4. In the comments the Senior Superintendent of Police, Gujrat has admitted the factual position about the registration of the aforesaid criminal case without the recovery of the illicit arms.
However, he has taken up the stand that afterwards during the raid the illicit arms were recovered from the house of the petitioner from his possession.
5. This writ petition is admitted for regular hearing and the comments are treated as written statement.
6. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate General. I have gone through the file. There is no need to disagree with the learned counsel for the petitioner who canvassed before me that without the recovery of the illicit arms the case under section 13-B of the Arms Ordinance, 1965 could not be registered. I would simply express that it is an over-doing on the part of the Police Officer. The learned A.A.-G. Did not contest the aforesaid legal proposition. Legally the law can be set in motion after an offence is committed and then the matter is reported to the Police i,e, First Information Report is registered which is lacking in the instant matter. In this view of the matter, it can safely be held that there was no legal or factual justification for the registration of the case required and desired to be quashed through the filing of this petition.
7. For what has been said above, I accept this writ petition and quash F.I.R. No,361 registered on 23- 10-1999 under section 13-B of the Arms drdinance, 1965 at Police Station Dinga, District Gujrat.
However, I leave the parties to bear their own costs.