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2002 YLR 3740

ABDUL GHAFFAR YAHYA and another vs SENIOR SUPERINTENDENT OF POLICE,

Citation2002 YLR 3740
CourtLahore High Court
Case No.Writ Petition No, 2447 of 2002
Date2002-03-05
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition disposed of

ORDER

1. Through this Constitutional petition the petitioner seeks quashment of F.I.R. No,56 registered on . 20- 1-2002 under sections 420/468/471, P.P.C. at Police Station Civil Lines, Gujrat on the ground that the complainant is resident of Gujranwala and the petitioner is resident of Hafizabad. The occurrence has not taken place within the jurisdiction of Police Station Civil Lines but as real brother of the complainant is P.S.O. to District Nazim hence he has got registered this case at Police Station Civil tine Gujrat by exerting his influence, in spite of the fact that Civil Lines Police had no jurisdiction to register the case there. I directed the police officer go submit report and parawise comments and they submitted report and parawise comments and according to them a sentence mentioned in the application brings the case within the jurisdiction of Police Station Civil Lines Gujrat that Abdul Ghaffar Yahya and Abdul Hadi Zikriya received the amount in the Chairman House Committee adjacent to the Office of the Senior superintendent of Police and due to this sentence the police officer states that the occurrence has taken place within the jurisdiction of Civil Lines Gujrat. I have noticed the tempering in this sentence as the original sentence has been raised by the use of clu and this sentence has been raised subsequently. The contention raised by the learned counsel for petitioner fmds some support as it is adniitted fact that P.S.O. is real brother of the complainant. In such circumstances as the factual controversies are involved F.I.R. is not quashed and the matter requires thorough investigation. However, in the interest and justice and fairplay, petitioner is directed to move the application for the transfer of the investigation out of District, Gujrat before the D.I.G., Gujranwala who is directed to dispose of the application of the petitioner, for transfer of investigation out of District Gujrat and entrust to any police officer not below the rank of A.S.P. who shall finalize the investigation within the shortest possible time.

2. With this direction this petitioner is dismissed.

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