' Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of case F.I.R. No.63 registered on 4-4-2003 under section 379, P.P.C. At P.S. Ahmadyar, District Pakpattan Sharif, on the application of Muhammad Rafiq Forest Guard in which he has stated that he alongwith other officials of the Forest Department found that Sheesham and Kikar trees of the Department had been stolen on the night between 12/13-2-2003.
They followed the marks of tractor-trolly and suspected that the petitioner and his co-accused had stolen the said trees.
2. Learned counsel for the petitioner contends that there is no evidence to connect the petitioner with the Commission of the crime. It is also contended that there is civil and criminal litigation between the petitioner and the co-accused and they cannot be excepted to join each other for the commission of the offence. It is also contended that the case was registered after 51 days and five co-accused mentioned in the F.I.R. Were found innocent and they were exonerated by the complainant as well. Reliance is placed. On "PLD 2003 Lah.
3. ". I have heard the learned counsel for the petitioner at length and also gone through the contents of the F.I.R. As also the contents of this petition. The purpose of the investigation which is defined in section 4 of the Criminal Procedure Code is to collect the evidence and for the time being it cannot be said that no evidence has been collected against the petitioner. The other grounds taken by the learned counsel for the petitioner can only be considered at the time of trial after the recording of the evidence of the witnesses. The petitioner has failed to show any mala fides on the part of the police and the complainant to falsely implicate him in the present case. The case-law cited by the learned counsel for the petitioner is not applicable to the facts and circumstances of the present case and this Court cannot assume the role of Investigating Officer as is laid down in Brig. (Retd.) Imtiaz's case reported in "1994 SCM R 2142".
4. This petition has no merit and is dismissed in limine.