' Through this writ petition, the petitioner seeks quashment of case F.I.R. No, 325 of 2000 dated 29-8- 2000, under sections 218/420/467/468/431, P.P.C., registered with Police Station Sanda, Lahore.
2. Brief facts of the case are that respondent No,2 reported through an application to the Incharge Monitoring Cell Headquarters, Lahore Cantt. Stating wherein that 11 officials of the Lahore Development Authority whose names have been mentioned in the said application while functioning in their official capacity facilitated the transfer of residential plots situated in Mauza Sherakot, Sanda Khurd, Lahore in favor of Meraj Din. The present petitioner is being one of the persons arrayed in the said application. Respondent No,1 in turn registered F.I.R. No,325 of 2000 dated 29-8-2000 under sections 420/467/468/218, P.P.C. Petitioner filed a suit under section 9 of the Specific Relief Act in the year 1994 and the same is pending in the trial Court. Subsequent to this respondent No,2 brought a private complaint titled "Mian Ahmed Ali v. Muhammad Aslam etc." under sections 5(2)/47, PCA, 161/165, 419/420/468 and 471, P.P.C. In the Court of learned Special Judge Anti-Corruption (Provincial), Lahore. The petitioner alongwith 44 others was arrayed as accused person in the said private complaint.
3. Learned counsel for the petitioner contends that on the same subject private complaint was filed by Ahmed Ali in the Court of learned Special Judge, ACE, Lahore against the petitioner and others which is false and frivolous wherein the petitioner and other accused were acquitted by way of filing application under section 249-A/265-K. He further contends that in the complaint petitioner was kept at Sr. No,18 whereas in the impugned F.I.R. Petitioner has also been named as an accused person. The subject-matter of the private complaint is the same as of the F.I.R., impugned in the instant petition. The petitioner in the said private complaint has been acquitted vide order dated 25-3-1998 by accepting their application under section 249-A, Cr.P.C. And registration of impugned F.I.R. Is in violation of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973. He further contends that the pendency of impugned F.I.R. Is against law and is not sustainable. Hence the same be quashed.
4. On the other hand learned counsel appearing on behalf of private respondents has opposed the instant writ petition on the grounds that the F.I.R. Cannot be quashed as High Court cannot assume the role of Investigating Officer. Additionally it is contended that the D.I.-G. Be directed to re- investigate the case and the investigation which is going on cannot be stayed. Full opportunity has to be provided to the complainant to prove the allegations.
5. I have heard arguments of learned counsel for the parties and have perused the record. The bare perusal of the record reveals that pursuant to an occurrence private complaint was registered on 12-7-1995, wherein the petitioner alongwith the other accused persons was acquitted as a result of filing of an application under section 249-A, Cr.P.C., whereafter on the same subject- matter and on the same facts and circumstances an F.I.R. Was got registered vide No,325 of 2000 under sections 420/467/468/218, P.P.C. On 29-8-2000, which is against the provisions of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973. Article 13 of the Constitution is reproduced as under:-- "13. Protection against double punishment and self-incrimination.--No person--
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself."
' Hence in a situation when regarding an occurrence a private complaint has been filed and afterward the accused having been acquitted by way of filing application under section 249-A Cr.P.C., regarding the same occurrence F.I.R. Could not be registered against the same persons.
' Hence the petitioner has succeeded in making out a case in his favor. Thus I am inclined to accept this writ petition and quash the F.I.R. By exercising discretion under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Accordingly this writ petition is accepted and the F.I.R. Impugned in this writ petition in quashed.