2000 PLP 376 (YLR)

Murad Ali petitioner got recorded F.I.R. No.164 on 24‑3‑1996 at Police Station, Tandlianwala, District Faisalabad under sections 380/457, Pakistan Penal Code about the theft of heads of cattle and ornaments valuing Rs. 4,

500. He cast the suspicion on and nominated Mehboob Ahmad, Maqsood, Yaqoob, Nazir and Mithu as his accused. The case was investigated. The police declared the accused as innocent and prepared the report for the cancellation of the F. I. R.

2. In terms of section 169 of the Code of Criminal Procedure the matter was not placed before the Area Magistrate for formal discharge of the accused persons. Without adopting the aforesaid procedure the police submitted the Kalandra before the Assistant Commissioner, Tandlianwala for holding the trial against the aforesaid Murad Ali on the ground that he gave the false information to the police to use the lawful power to the injury of the aforesaid accused persons of the F.I.R. The proceedings have been initiated. Murad Ali has been charged under section 182 Pakistan Penal Code and some witnesses have been examined.

3. Through the filing of this Criminal Miscellaneous Murad Ali petitioner is desirous to get quashed the proceedings initiated against him under section 182, Pakistan Penal Code on the ground that no formal‑order for the discharge of the accused of Crime Case No. 164 of 1996 registered at his instance was procured from and issued by the learned Area Magistrate and that he has instituted a private complaint in terms of section 190 of the Code of Criminal Procedure for the prosecution of the accused.

4. The report and comments have been submitted wherein it is narrated that the private complaint filed by Murad Ali has been dismissed. However, it is expressed that the discharge report was prepared on 11‑6‑1996 with respect to the aforesaid F. I. R. No. 164 of 1996. The report is silent with respect to the production of the police file before the learned Area Magistrate for the appropriate orders as contemplated under section 169 of the Code of Criminal Procedure.

5. I have heard the learned counsel for the petitioner as well as the learned A.A.‑G. and the learned State Counsel. At the very outset I put the query to Zafar Ali S.‑I./S.H.O., Police Station Tandlianwala as to whether on the basis of the report, dated 11‑6‑1996 the matter was placed before the learned Illaqa Magistrate for the cancellation of the F. I. R. No. 164 of 1996. He has replied that the file was not placed before the learned Area Magistrate and that no appropriate order has been passed by him as yet. The aforesaid aspect of the matter has simplified the disposal of this dispute. I hold the view that without the appropriate order of the learned Area Magistrate about the discharge of the accused the proceedings under section 182, Pakistan Penal Code cannot be initiated by the police on the ground that Murad Ali gave the false information to use lawful power of the police to cause injury to the accused persons. This free hand cannot be granted to the police as the same would lay the foundation of injustice to the inconvenience of the complainant(s). The supervisory jurisdiction of the learned Area Magistrate cannot be brushed aside, violated by the police to set the law in motion against the complainant to initiate the proceedings under section 182, Pakistan Penal Code. This is the crux of the matter to make me hold that the submission of the Kalandara before the Assistant Commissioner, Tandlianwala by the police to initiate the criminal proceedings under section 182, Pakistan Penal Code against Murad Ali is simply an abuse of process of law and the criminal proceedings being conducted by the said Assistant Commissioner are an exercise in futility. Without the aforesaid procedure the impugned proceedings have to fall on the ground like a house of cards.

6. For what has been said above, I accept this Criminal Miscellaneous and quash the pendency and the proceedings of the matter hanging under section 182, Pakistan Penal Code against Murad Ali petitioner in the Court of the Assistant Commissioner, Tandlianwala District, Faisalabad. In the circumstances the parties are left to bear their own costs. H.B.T./M‑12/L Proceedings quashed.