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2001 P Cr. L J 523

MANZOOR AHMAD and 2 others vs S.H.O. POLICE STATION FACTORY AREA,

Citation2001 P Cr. L J 523
CourtLahore High Court
Judge(s)Karamat Nazir Bhandari
ResultPetition dismissed

' Petitioners seek quashment of F.I.R. No,228, dated 9-7-1990 registered against them at Police Station Factory Area, District Faisalabad under sections 406/420/506/34, P.P.C. It is claimed that in fact the parties have a dispute of civil nature and through use of criminal machinery, the complainant-respondent No,2 is attempting to enforce a civil claim.

2. In the written reply, the allegations are denied by respondent No,2, who has maintained that in fact petitioners have committed the crime as narrated in the F.I.R.

3. Learned counsel for the petitioners conceded that if the allegations made in the F.I.R. Remained unrebutted, a case is made out. In registering the case, therefore, the S.H.O. Cannot be said to have acted in breach of section 154, Cr.P.C. Learned counsel, however, has strenuously urged that in fact respondent No,2 is enforcing a civil liability. For this purpose, he also wanted to place on record some documents.

4. Documents were not permitted to be placed on record for the reason that it is not for this Court to investigate, whether an offence has or has not been committed. That is the job of the Investigating Officer and in the exercise of power of judicial review, this Court can compel him to do his job in accordance with law. It is regrettable that this petition is coming up for final hearing after ten years. Nevertheless, it is not in public interest to kill investigation of offences.

5. I would, therefore, decline interference and dispose of this petition with the direction to the Investigating Officer to try to complete the investigation within two months. No order as to costs.

Needless to add that petitioners will have to be associated in the investigation and the evidence/ documents, they want to produce in this Court can be produced before the Investigating Officer.

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