ORDER KHAWAJA MUHAMMAD SHARIF. J. -- This is petition for quashment of F.I.R. No. 401 of 2001 registered at P.S. Sadar Kharian, District Gujrat on the statement of Zafar Iqbal. The allegation against the petitioner is that he asked the complainant, who had recently retired from the Army, to get him employment in Sui Gas Department. At that time complainant was having Rs. 3,20,000/- and same were snatched from him by Gulzar Haider and others on gun point. He was also threatened with dire consequences. When he demanded the money the petitioner refused to give the money back.
2. Learned counsel for the petitioner submits that no case u/S. 406, PPC is made out. He submits that Zafar Iqbal complainant has filed a suit for recovery and due to compromise the same was withdrawn, that the present case is out come of mala fide and ulterior motive of the complainant with the petitioner.
3. On the other hand learned Addl. A.G. And learned counsel for the respondent/complainant of the F.I.R, have drawn my attention to the fact that petitioner had filed writ petition bearing No. 9504/2001 which came up for hearing before my learned brother Dr. Munir Ahmad Mughal, J., as he then was, on 1.6.2001. Report and parawise comments were called, same was submitted. A direction was given to the police. Thereafter the present petitioner filed a Crl. Original alleging therein that the police officials are creating harassment against the petitioner. The same was dismissed with costs vide order dated 21.6.2001. Learned Addl. A.G. Submits that on this very short ground that the petitioner has concealed the facts that he had filed a writ petition and then a Crl. Original, this petition should be dismissed. He also submits that it is a matter of factual controversy which cannot be gone into with writ petition. Adds that the offence u/S. 395, PPC has also been added in this case.
4. I have heard the learned counsel for the parties. Without going into the merits of the case and the points raised before me by the learned Addl. A.G. And learned counsel for the complainant, I am of the opinion that the petitioner has not approached this Court with clean hands. Case was registered against the petitioner on 29.5.2001 and the writ petition which was dealt by my learned brother Dr. Munir Ahmad Mughal, J. As he then was, and was filed on 1.6.2001. Even at that time the instant case was registered against the petitioner on filing the contempt application. He was fined Rs. 500/- by the above-said brother of mine. As the petitioner has not come before this Court with clean hand, this petition is dismissed with the direction to pay Rs. 2,000/- as cost, to the respondent/complainant Zafar Iqbal within 7 days or in default he will have to undergo 15 days S.I.