' This order shall disposed of Writ Petition No, 4768 of 2002 and Criminal Miscellaneous No, 480-H of 2002 as both have nexus.
2. In Writ Petition No, 4768 of 2002 tiled by Haji Muhammad Rafique, father of Zulfiqar and Kalb-e- Abbas, the prayer is two-folds i,e, firstly that the respondent Police Officials be directed not to harass the petitioner and secondly they be directed to return Rs,4,00,000 which according to the petitioner was given to Malik Muhammad Ashraf, S.I. Who was investigating the case registered vide F.I.R. No, 88'of 2002, dated 22-2-2002 under sections 392/381, P.P.C. Police Station, Satellite Town Gujranwala against the petitioner's son Zulfiqar and others. The said son was, fugitive to law: Police wanted to arrest him and petitioner was being pressurized and according to him since the marriages of his sons Imtiaz and the said Zulfiqar were to take place, the amount in question was given to the police as a security and in terms of the Iqrarnama dated 4-3-2002. Which was signed by Muhammad Anwar, complainant, in the afore-referred case, Ch. Rehmat Ali, a relative of the petitioner who handed over the said amount and was witnessed by Rana Ghulam Rasool and Tahir Saleem.
3. Learned counsel for the petitioner submits that the Investigating Officer in utter disregard to the mandate of law had exerted pressure on the petitioner to handover the said amount as a security, that he would not press this petition if the matter is referred to the Deputy Inspector-General of Police, to have the matter enquired into So far as Criminal Miscellaneous No, 480-H of 2002 is concerned since the alleged detenu Kalb-eAbbas has already appeared before this Court the same has become infructuous and is disposed of accordingly.,
4. Learned counsel for the complainant in the case registered vide F.I.R. No, 88 of 2002, dated 22-2- 2002, under sections 392/381, P.P.C. Police Station, Satellite Town, Gujranwala submits that the petitioner has not come to his Court with clean hands, that he has deliberately hidden Zulfiqar, .His son, wha was wanted in a serious case of dacoity: that the writ petition was filed by Zulifqar himself (Writ Petition No, 3528/2002) which was disposed of on 4th of March, 2002 with the direction that the respondents police officials shall proceed strictly in accordance with law but notwithstanding that he never joined the investigation and is still fugitive to law; Adds that the story of so-called lqramarna and of having paid Rs,4,00,000 to the Investigating Officer in the afore-referred case is false as the said lqrarnana is not signed by any Police Officer and it is between the private individuals.
5. Learned Additional Advocate-General assisted by learned counsel for the State submitted that the petitioner's son Zulfiqar is wanted in several criminal cases of dacoity and robbery; that he is still fugitive to law and that the allegations levelled are regarding attempt to obstruct the process of investigation. It was submitted that the petitioner has an alternate remedy of filing a private complaint and since the issue ,raised would require factual enquiry this Court may not like to issue any direction for the registration of a criminal case.
6. The case in which the petitioner's son is fugitive to law is a serious case of decoity in which according to the learned Law Officer seven accused stand arrested and five other including petitioner's son are still fugitive to law. The allegations levelled by the petitioner against Malik Muhammad Ashraf, S.I. Who at one point of time was investigating the case are also serious but this Court would not like to direct separate enquiry at this stage. Since these allegations are being controverted by the Officer who is currently investigating the case, it would be in the interest of justice if an Officer not below the rank of D.S.P. In Range Crime, Gujranwala is entrusted with the investigation of the case. He shall also, during the said investigation, enquire into the allegations levelled by the petitioner and proceed as mandated in law. Learned Law Officer shall convey, this order to the Deputy Inspector-General of Police, Gujranwala. Disposed of.