2002 PLP 1204 (MLD)

Through this petition the petitioner has sought quashment of F.I.R. No.41 registered at Police Station Liaqatpur, District Rahim Yar Khan on 27‑1‑2000 for an offence under section 379, P.P.C. In support of this petition it has been argued by the learned counsel for the petitioner that the complainant of this case is an accused person in another case and the present F.I.R. has been lodged by him by way of a counterblast; the story narrated in the F.I.R. is unbelievable inasmuch as the truck in question was already in possession of the local police and, therefore, it was not possible for the present petitioner to have stolen the property available in the said truck; and, the F.I.R. in question is based upon distorted facts, fabricated evidence and sheer mala fide on the part of the complainant party.

2. A bare perusal of the F.I.R. shows that the truck in question was taken away by the police from the possession of the, complainant and, at that time the present petitioner was also stated to be accompanying the police. It is, thus, not possible for this Court to hold that it was the police alone and not the present petitioner who had stolen the articles in question. It is not disputed that the F.I.R. in issue is at its investigation stage. At this premature stage it is not possible for this Court to embark upon a factual inquiry so as to unearth the true facts or to opine about credibility or otherwise of the prosecution's allegations. It is a statutory duty of the police to investigate a crime reported to it and this Court is not ready to scuttle or stifle the said statutory duty of the police. At this stage the petitioner ought to be‑satisfying the Investigating Officer and not this Court about the stated falsity of the allegation levelled in the F.I.R. At this stage the learned counsel for the petitioner has stated that he strongly suspects involvement of the local police in the matter which wants to shift the blame of disappearance of the stolen material on to the petitioner so as to avoid its own liability in that regard in this context the learned counsel for the petitioner has stated he shall be satisfied if this petition is disposed of with an appropriate direction to a senior police officer to ensure that the investigation of this case is conducted .fairly, impartially and justly.

3. Let the petitioner approach the Senior Superintendent of Police, Rahim Yar Khan who is directed to attend to the grievances of the petitioner and to see to it that the investigation of this case is conducted fairly and properly and, if need be, the same may be transferred to a responsible and independent police officer. With the observations made and directions issued above this writ petition is hereby disposed of. C. M. No. I of 2000

4. As the main writ petition has been disposed of by this Court today, therefore, the present application seeking interim relief has lost its relevance. Disposed of. H. B. T./I‑118/L????????????????????????????????????????????????????????????????????????????????? Order accordingly.