Sultan Ahmad petitioner being aggrieved of registration of the cases (i) F.I.R. No.353 of 2000, dated 14-9 2000 under sections 324/394, P.P.C., (ii) F.I.R. No.355, dated 18-9-2000 under section 392, (iii)
F.I.R. No. 363 of 2000, dated 25-9-2000 under section 392, P.P.C. And (iv) F.I.R. No. 362 of 2000, dated 25-9-2000 under sections 399/420, P.P.C. Registered against him at Police Station Tatlay Aali, District Gujranwala has sought quashment of the same through Criminal Miscellaneous No.280-Q of 2000, Criminal Miscellaneous No.281-Q of 2000, Criminal Miscellaneous No.282-Q of 2000 and Criminal Miscellaneous 283-Q of 2000 respectively. The relief being claimed in all the four Criminal Miscellaneous Applications being similar to nature the same are disposed of together through this single order.
2. The grievance of the petitioner is that he has been involved in the false cases by the local police at the instance of his opponent, namely Nisar Ahmad. The learned counsel for the petitioner submitted that the petitioner was involved in the criminal cases either through supplementary statement or through the F.I.R: lodged with considerable unexplained delay which is an evident proof of the mala fide of the police
3. The comments submitted by the S.H.O. Police Station Tatlay Aali reveal that Nisar Ahmad, complainant of case F.I.R. No.353 of 2000 had a long standing enmity with the petitioner, The S.-I.
Present with record, states that in all the abovementioned cases challans having been prepared are ready for submission. He, however, admitted that all the cases were registered against the petitioner with short intervals and he had no previous criminal history. The learned Additional Advocate-General submitted that since the challan is ready for submission, and the petitioner after submission of the challan can avail of an alternate remedy under section 249-A or 265-K, Cr.P.C. As the case may be, on any ground including the grounds being taken in support of this petition, therefore, this petition may be disposed of accordingly.
4. Having heard the learned counsel for the petitioner and the learned Additional Advocate- General, I find that the grievance of the petitioner relating to his involvement in the false cases and unfair investigation need 'proper probe through independent source and this Court cannot possibly undertake this exercise of an inquiry into the matter and it is also not possible to quash the F.I.Rs. On the basis of factual controversy. I, therefore, in the light of grievance of the petitioner that the local police at the instance of his opponent through misuse of the process of law and power involved the petitioner in criminal cases, dispose of these petitions with the direction that SSP, Gujranwala shall get the matter enquired from a Senior officer of the rank of S.P and if the allegation of false implication of the petitioner and misuse of powers by the local police are found correct, he should proceed against the concerned official departmentally. The S.-I. Present in Court is I directed that instead of submitting chapati in the Court, the files of all the above said cases should be delivered to the SSP, Gujranwala and unless the inquiry is finalized under the supervision of the SSP, these challans in these cases shall not be submitted.