2012 PLP 1286 (MLD)

RAUF AHMAD SHEIKH, J.

The petitioner seeks quashment of F.I.R. No.172 of 2011 dated 31-7-2011 Police Station Rangshan, District Pakpattan Sharif, under sections 337-A(ii)/337-F(i)/379/34 P.P.C.

2. The complainant had alleged that on 23-6-2011 at about 6-00 p.m., he along with Ghulam Mustafa was going to see Nazar Muhammad and when they arrived near Mehrabad on their Motorcycle, the petitioner, Ghulam Farid and Muhammad Hussain made an attack on them. The petitioner allegedly gave a blow with hatchet on the right side of head of Ghulam- Mustafa. Muhammad Hussain gave blows with hatchet, which landed on the right and left sides of the head of the complainant, who fell on the ground. In the meanwhile Nazar Muhammad came forward to rescue them and Ghulam Farid gave a blow with `Sota', which hit him on his right arm. Allegedly the petitioner and others also snatched a sum of Rs.7,200 and Zong Mobile Phone from Ghulam Mustafa.

3. Learned counsel for the petitioner has contended that the case was got registered falsely in order to humiliate him and others; that there is inordinate delay in lodging the F.I.R.; that the injured P.W. Muhammad Nawaz was discharged from the hospital on the day of the alleged occurrence and then he obtained a false MLR; that the I.O. has opined that Ghulam Farid co-accused has not given a `Danda' blow to Nazar Muhammad; that the parties had appointed Muhammad Ashraf P.W. as arbitrator and that Ghulam Mustafa injured P.W. has sworn an affidavit to the effect that a compromise has been effected.

4. The MLR appended with the petition clearly reveals that all the three victims of the alleged occurrence were examined in the Hospital on 23-6-2011 at about 10-35 p.m. and that Report No.78 dated 23-6-2011 also stood registered so the delay in lodging the F.I.R. becomes insignificant at this stage, The affidavit of Ghulam Mustafa one of the injured P.Ws. regarding alleged compromise is not sufficient to hold that the offence has been validly compounded. The alleged affidavit of Muhammad Ashraf does not reveal that the complainant has given any E consent to the compromise. Whether the allegations embodied in the F.I.R. are true or false is a question of fact, which cannot be resolved in the petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 or section 561-A, Cr.P.C. The petitioner should prove his contentions during the investigation or trial, as the case may be. The writ petition is without merits and the same is hereby dismissed in limine. However, the S.P., (Investigation), Pakpattan Sharif, is directed to ensure that the investigation of the case is conducted in an honest, transparent and impartial manner. M . W . A. /M-54/L???????????????????????????????????????????????????????????????????????????? Petition dismissed.