' Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner prays for declaring the report of D.S.P. Khalid Pervaiz on the basis of which F.I.R. No.174 has been registered on 15-5-2003 under sections 419, 420, 468, 471, P.P.C. At Police Station, City Burewala against the petitioner to be without lawful authority and as a result thereof the F.I.R. May be quashed.
2. The brief facts of the case are that the petitioner was posted as S.H.O., Police Station Saddar Burewala when the case F.I.R. No.77 of 2002 was registered against one Muhammad Sarwar alias Kuki because one kilogram of Charas was recovered from him. He was sent to judicial lock-up. He moved an application for bail after arrest (Cr1. Misc. No.631-B of 2003) in this Court and during the course of arguments he was claimed to have been declared innocent by the police vide Zimni Nos.5 and 5-A recorded by Dawood Hussain Abbas petitioner/Inspector and Zafar-ul-Hasan, S.-I., who were summoned and both of them denied to have written these Zimnies. Consequently, the District Police Officer, Vehari was directed vide order dated 14-4-2003 to hold an inquiry personally and get the case registered against the delinquents with a report to this Court through Additional Registrar of this Bench.
3. On the direction of this Court, an inquiry was got conducted from the D.S.P., Vehari, by the District Police Officer, Vehari and he has held in the inquiry that the petitioner was responsible for inserting Zimni Nos.5 and 5-A whereupon case has been registered against him vide F.I.R. No.174, dated 15-5- 2003, at Police Station, City Burewala under sections 419, 420, 468, 471, P.P.C., which is sought to be quashed through this writ petition
4. Learned counsel for the petitioner contends that this Court had directed the D.P.O. To hold an inquiry personally but the same having been conducted by the D.S.P., Circle in violation of the direction of this Court, the said inquiry proceedings be declared as illegal and unlawful and consequently the registration of the case as a result of the said inquiry proceedings may be declared as illegal and quashed. It is further contended that said D.S.P./ S.D.P.O. Was earlier got transferred by the petitioner from the said police station and being inimical towards the petitioner he has given the finding against the petitioner even without sending the case diaries to the Handwriting Expert for comparison illegally and it clearly shows the mala fide intention and ulterior motive of D.S.P. It is also contended that the petitioner had in fact opposed the bail application and he had also earlier submitted the report under section 173, Cr.P.C. In the Court, therefore, the registration of the case may be declared as illegal and unlawful.
5. I have heard the learned counsel for the petitioner at length and gone through the contents of this petition. No doubt, this Court directed the D.P.O., Vehari to hold inquiry personally into the matter but he further directed the D.S.P., Circle to hold an inquiry. The word "personally" was in fact mentioned with a view that he should take keen interest in the matter as it came to the knowledge that some fake Zimnies were included in the police file and such delinquent police officials/officers should be booked before the Court of law. The petitioner himself had joined the inquiry proceedings and did not raise any objection that the inquiry could only be conducted by the D.P.O., but when the result of the inquiry has come against the petitioner, he has approached this Court for setting aside of said inquiry proteedings. Copy of the inquiry report is appended with this petition. Serious allegation has been levelled against the petitioner and other police officials by the witnesses who appeared in the inquiry proceedings that he had obtained Rs.34,500 from them for declaring the accused as innocent. The D.S.P. After detailed inquiry has held the petitioner responsible in the matter and case has been registered as cognizable offences are prima facie made out against him. The inquiry proceedings cannot be declared without lawful authority on the grounds urged in this petition. The petitioner had also himself participated in the inquiry and he was also afforded an opportunity of defence, therefore, he is estopped to raise any objection at this stage, when the same has already been finalized and consequent result has come out into registration of the criminal case. As far as the other contention of the learned counsel for the petitioner that the inquiry was finalized without sending the case diaries to the Handwriting Expert for comparison is concerned, the matter is still under investigation and final report has not been submitted by the police, therefore, he can prove his innocence before the Investigating Officer. No ground is made out for quashment of the F.I.R.
6. However, since the matter is still under investigation, the District Police Officer, Vehari is directed to inspect the case himself and also to consider the suitability of the request of the petitioner for sending the case diaries to the Handwriting Expert for comparison of its writing and signatures thereon with those of the petitioner in accordance with law. The investigation shall be concluded within thirty days from the receipt of this order.
7. For the foregoing reasons, this writ petition having no merits is hereby dismissed in limine.