1994 PLP 1875 (MLD)

This is a petition for the quashment of case F.I.R. No.751, dated 2240-1992 under sections 161, 342, 365, 452, 109, P.P.C. and 5(2)47, PCA, P.S., Anti-Corruption, Lahore registered against Muhammad Azam petitioner on the report of Muhammad Shafi son of Muhammad Bakhsh.

2. Briefly stated the facts are that Muhammad Shari son of Muhammad Bakhsh submitted an application to I.-G. Police Punjab, Lahore to the effect that some police officials had trespassed into his house, kidnapped him and his son-in-law Muhammad Yaqoob and taken them to the residence of Azam Khan, S.H.O. and demanded illegal gratification from him failing which he was neatened with the registration of cases against him. Consequently, he sent a message to his wife who with the help of her brother entered into a sale agreement in respect of his house and received Rs.50,000 as earnest money and out of the said money, paid Rs.37,000 to A.S.I. Inayat and Rs.4,poo to Gulzar Shah Foot Constable whereafter he and his son-in-law were set at liberty. The incident in question had taken place on the night between 15/16-4-1992 but the application was submitted by him to L-G. Police Punjab on 29-4-1993. After preliminary inquiry by the A.S.P., case F.I.R. No.55 of 1992 under sections 384/362 and 161, P.P.C. was registered at P.S. Gulshan Igbal Lahore against A.S.I. Inayat and two Constables, namely Gulzar Shah and Allah Yar. Muhammad Azam, A.S.I. petitioner was exonerated in.the inquiry. During investigation, Muhammad Shafr son of Muhammad Bakhsh had also made a statement about the innocence of Muhammad Azam. However, on the basis of a further inquiry by the Anti-Corruption Establishment, Lahore Region, Lahore case F.I.R. No.51 dated 22404992 was also registered at P.S. Anti-Corruption, Establishment, Lahore against Muhammad Azam, S.I.

3. He has filed this Constitutional petition for quashment of the case.

4. The main stress of the learned counsel for the petitioner is on the statements repeatedly made by Muhammad Shafi complainant before the Inquiry Officer in which he had clearly exonerated the petitioner. He had also sworn an. affidavit that Muhammad Azam S.I. was innocent and had no hand whatsoever in the case. He also denied that Muhammad Azam had received any illegal gratification from him. According to the learned counsel he had made a similar statement during the inquiry conducted by the Anti-Corruption Establishment.

5. During the pendency of this writ petition Moazziz Ahmad Khan D.S.P., Anti-Corruption, Lahore was directed to record a fresh statement of Muhammad Shafi complainant and to carry out investigation on this line.

6. Malik Muhammad Mateen Khokhar, A.A.-G. states that ii compliance with the order Muhammad Shafi complainant was again examined who reiterated his earlier statement exonerating the petitioner.

7. Learned counsel for the petitioner states that the registration of cast against the petitioner was mala fide. According to him, in such circumstance case can be quashed even at this stage.

8. Since Muhammad Shall complainant has not levelled any allegation o abduction, illegal extortion of money against Muhammad Azam petitioner an' has been stating so from the very beginning, there is substance in the contention of the learned counsel for the petitioner that he was involved in the case for mala fide reasons.

9. In this view of the matter, I accept the petition and quash the case so far as Muhammad Azam petitioner is concerned. N H Q./M-1594/L?????????????????????????????????????????????????????????????????????????????? Petition accepted.