' Learned counsel submits that vide the impugned order dated 1-6-2002 the co-accused Mashooq was discharged by the trial Court while the main accused Ayaz was granted bail, since the offence did not come within the prohibitory clause. However, the applicant, who was the Investigating Officer of the case, was held guilty for initiating a false case against accused Mashooq though nothing had been recovered from him. Learned counsel submits that the said order not only condemns the applicant unheard but is also, not in accordance with law and established legal norms inasmuch as whetner or not co-accused Mashooq was involved in a crime under the Anti- Narcotics Act, was a question of fact as nothing was recovered from him and the same could only be decided after the evidence is recorded by the trial Court and the matter is thrashed out. He, therefore, prays that the portion of the impugned order whereby the D.P.O., Nawabshah had been directed to register a case against the applicant for initiating false prosecution, be expunged. The learned A.A.-G. Does not oppose the learned counsel.
2. We have heard learned counsel for the applicant as well as learned A.A.-G. For the State.
3. From the facts of the case, it transpires that two persons Ayaz and Mashooq were arrested by the Investigating Officer/applicant on 25-1-2001 at Nawabshah while they were selling drugs. From accused Ayaz 2500 grams of Charas was recovered but from accused Mashooq only Rs,70 were recovered. However, both of them were sent for trial before the learned Sessions Judge, Nawabshah. On the basis of the fact that only Rs,70 were recovered from accused Mashooq, the learned trial Court discharged him from the investigation and passed the impugned order whereby the Investigating Officer/applicant was ordered to be prosecuted as he had unlawfully kept co-accused Mashooq in wrongful confinement for about 8 months, only on the basis of recovery of Rs,70 from him.
4. We are of the opinion that until and unless the entire matter is heard by the learned trial Court it cannot be said with any degree of certainity that the co-accused Mashooq was not involved in the case or whether there was any enmity whereby he was kept under wrongful confinement.
Accordingly, the last sentence of the order dated 1-6-2002 is expunged from the record of the learned trial Court. Proceedings, if any, instituted against the applicant by virtue of the said order also stand discharged. However, the learned trial Court shall be free to pass an appropriate order after the conclusion of the case.
5. At this juncture, learned A.A.-G. Submits that bail was granted to the main accused Ayaz on the basis that only 100 grams of Charas out of 2500 grams were sent to the Chemical Analyser.
According to the learned A.A.-G. This ground is not tenable in view of the decided case and he prays that the matter be sent to M.I.T. For examination on the administrative side.. The request made by the learned A.A.-G. Is reasonable. Accordingly, the matter is referred to M.I.T. To look into on the administrative side.
Revision .