' Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of F.I.R. No.185 of 2003 registered on 30-5-2003 under section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Sadar Kabirwala at the instance of .Muhammad Ishaq respondent No.3 with the allegation that on 27-5- 2003 at about 5/6 p.m. When the complainant and Mst. Aziz Mai came back home from the Court, they found the petitioner alongwith others while committing Zina-bil-Jabr with Mst. Tasleem Bibi, aged about 14/15 years, sister-in-law of the complainant.
2. The grievance voiced in this writ petition is that the petitioner alongwith co-accused has been declared innocent during the two investigations, but respondent No.t is adamant to continue the investigation without any cogent reasons. During the course of arguments learned counsel for the petitioner has stated that in the two investigations the case was found false and the accused were declared innocent, whereafter the complainant moved an application for transfer of the investigation whereupon the learned Sessions Judge, Khanewal has passed orders on 20-6-2003 due to which the petitioner apprehends that they will be challaned. Learned counsel for the petitioner contends that real father and other close relatives, of the alleged victim have sworn affidavits that no such offence was committed, hence the F.I.R. Is liable to be quashed.
4. I have heard the learned counsel for the petitioner. Wand also perused the contents of the writ petition as well as the F .1. R. And affidavits attached therewith.
5. Serious allegation of gang rape has been levelled against the petitioner and other co-accused.
Mere declaring of the accused as innocent by the two Investigating Officers is no ground for quashment of the F.I.R as opinion of the police is not binding on the Court., The affidavits of father and other close relatives of the alleged victim are not helpful to the accused as they were not the eye-witnesses in the present case. The petitioner appears to have concealed certain facts from this Court as order of the learned Sessions Judge, Khanewal dated 20-6-2003 passed on the application of the complainant for transfer of the investigation does not find mentioned in the body of the writ petition and such type of persons having not come to the Court with clean hands are not entitled to any extraordinary relief by this Court in writ jurisdiction. Hence this writ petition is dismissed in limine.
6. Before parting with this order I am constrained to observe that the grievance voiced in this writ petition was that the petitioner alongwith co-accused were declared innocent during the two investigations, but respondent No.1 is adamant to continue the investigation without any cogent reasons. However, during the course of arguments it appeared that the complainant had moved an application for transfer of the investigation whereupon the learned Sessions Judge, Khanewal passed order on 20-6-2003, but this fact does not find mentioned in the body of the writ petition and as such petitioner is prima facie found guilty of concealment of facts, which amounts to contempt of this Court. The office is directed to issue notice to the petitioner to show cause that why he may not be proceeded against and convicted under sections 3 and 4 of the Contempt of Courts Act, 1976. He shall file reply before the next date of hearing. The S.H.O. Shall also be summoned to know about present position of the Challan in F.I.R. No.185 of 2003 registered on 30- 5-2003 under sections 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Sadar Kabirwala. The office is directed to prepare separate file regarding proceedings for Contempt of Court against the petitioner and fix the same on 15-12-2003.