'Petitioner seeks direction to respondent, S.H.O., Police Station Malakwal, District M.B. Din for the registration of a criminal case against the witnesses who during the investigation of case F.I.R.
No,248/1999 dated 31-3-1999 under sections 440/148/149, P.P.0 registered at Police Stations Malakwal, appeared in support of Zafar Iqbal and Muhammad Arshad accused of the said case, on the charges that they made false statement before the police to establish the plea of alibi of the accused persons.
2. A report in this regard was called for from respondent No,1 (S.H.O., Police Station Malakwal), according to which during the investigation plea of alibi raised by both the abovesaid accused persons was found false and after the investigation challan had already been submitted before the learned trial Court.
3. Heard. File perused.
4. It is the right of every accused person to take as much pleas as he wants to and can produce evidence in support of the same. If during the investigation the evidence of those people, who had appeared before the police in support of defence plea of accused persons in the above said criminal case, is found false, any direction for the initiation of criminal proceedings against them as prayed for in this petition, at this stage, is not proper as the statements of these witnesses are yet to be adjudged by the learned trial Court. Since the challan in the said case has already been submitted before the learned trial Court and if, during the trial the defence witnesses are produced by the accused and the trial Court comes to the conclusion that the defence witnesses had made fales statement before the Court then of course, the petitioner can ask the learned trial Court to proceed against them. With this observation, instant petition stands disposed of.