' This judgment shall decide Writ Petitions 2869 and 2870 of 2003 as common questions are involved. On 11-8-2003 Mst. Khalida, mother of the petitioner filed an application before the learned Sessions Judge, Rawalpindi, stating that her son (petitioner) is in illegal detention at Police Station Airport, Rawalpindi, since 5-8-2003. A bailiff was deputed vide order dated 11-8-2003 of a learned Duty A.S.J.- Rawalpindi. On the same date the bailiff raided police station and reported to the learned A.S.J. That the detenu is illegally confined in the barracks of the said police station. The S.H.O. Was directed to produce the detenu in the Court on 12-8-2003. The report was accompanied by Report. No.9 dated 11-8-2003 of the Roznamcha. On 12-8-2003 the case was taken up.
Muhammad Ilyas, S.-I., appeared with said detenu. He produced a report, an F.I.R. And Zimni. The learned A.S.J. Noted that these documents were not existing when the bailiff raided the police station. According to the report dated 11-8-2003 the detenu was standing on the road side having three T.Vs., one computer, two speakers and two sport cycles at 6-00 a.m. Muhammad Farooq, Raja Farhad and Javaid Akhtar told S.-I. That the detenu was a suspect. He interrogated him and then took the said articles in possession under section 550, Cr.P.C. And brought the detenu in police station. He was given in the custody of [twat Hussain, Head Constable 1571 to trace out owners of the said articles. The learned A.S.J. Noted that in the said report there is no mention of the visit of the bailiff, despite the entry made by the bailiff vide Report No.8 on the same date. It was also noted that F.I.R. No.350 dated 11-2-2003 had been recorded at 2-50 p.m. Showing the arrest of the detenu and that he is to be produced before the learned Magistrate for judicial remand. A show- cause notice was issued to the said S.-I. As to why he kept detenu in illegal custody for the last 8 days without entering his arrest. The case was adjourned to 15-8-2003. On the said date the case was adjourned to 27-8-2003. On this date the matter came up before the learned Sessions Judge, Rawalpindi, who observed that quashment of F.I.R. Is not within his domain and closed the proceedings.
2. Writ Petition No.2870 of 2003 has been filed praying for quashment of F.I.R. No.350 dated 11-8- 2003 while Writ Petition No.2869 of 2003 has been filed with similar prayer qua F.I.R. No.356 dated 16-8-2003 at Police Station Airport, District Rawalpindi, former under sections 457, 380 and 411, P.P.C.
While latter under section 411, P.P.C.
3. Learned counsel for the petitioner contends that the bailiff raided the police station at 1-40 p.m.
On 11-8-2003 and found the petitioner locked in the Constable barracks. He made the entry in the Roznamcha accordingly learned counsel argues that on their face, both the F.I.Rs. Are mala fide and have been cooked up by S.-I. To save himself from the consequences of his illegal act. Learned A.A.-G., on the other hand, find it rather difficult to defend the said action of Muhammad Ilyas, S.-I.
The said police official reiterates that he found the petitioner standing on road side at 6-00 a.m. On 11-8-2003, with the said articles and some persons reported him to be suspect and consequently he took him in custody. Thereafter the owners of the said articles came to police station and identified the articles and consequently he registered the cases.
4. I have already noted above the background of the cases with reference to the proceedings undertaken by the learned Sessions Judge, Rawalpindi, on the application filed by the mother of the petitioner on 11-8-2003. Now the S.-I. Does not deny that the bailiff raided the police station at 1- 40 p.m. And made the entry of his visit in Report No.8 on the said date. The said S.-I. Has proceeded to fabricate the said F.I.Rs. Ato point of time after the said event. He also cooked up Entry No.26 which was found to be at a point of time later then the entry made by the bailiff by the learned Sessions Judge. He admitted_ before the bailiff that neither any case is registered against the petitioner nor is there entry in the Roznamcha about his arrest.
5. In view of the said circumstances apparent on the face of record I do find that both the said impugned F.I.Rs. Are mala fide and false and fabricated by the said Muhammad Ilyas, S.-I., to save his skin. Both the writ petitions are allowed and F.I.R. No.350 dated 11-8-2003 under sections 457, 380 and 411, P.P.C. And F.I.R. No.356 dated 16-8-2003 under section 411, P.P.C. Police Station Airport, District Rawalpindi, are quashed. /F.I.Rs. Quashed. H .