1999 PLP 942 (YLR)

This writ petition is moved under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 by the petitioner against the respondents with the prayer that F.I.R. No. 501 of 1997 under sections 420, 468 and 471 P.P.C. registered at Police Station, Qila Gujjar Singh, Lahore for allegedly securing bogus appointment letter for his recruitment as English Teacher be quashed.

2. It is contended that the F.I.R. is liable to be quashed because the petitioner was wrongly trapped in the case through Khaleel Ahmad Nadeem i.e. respondent No.4. In this context, it was contended that one Raees Ahmad was the actual culprit who had received money from different persons including the petitioner for getting employment which later on turned out to be bogus affair; that during the investigation it was found that the main culprit was Khaleel Ahmad Nadeem who had issued bogus letters of appointment after receiving illegal gratification. He had also allegedly received Rs.45,000 from Arshad Mahmood petitioner for getting him bogus appointment letter. It was found that real culprit was Khaleel Ahmad Nadeem whereas the petitioner paid Rs.45,000 as illegal gratification for securing bogus appointment letter. As such it was prayed that the petitioner has been arrested in this case and sent up for trial to the Court concerned through report under section. 173, Cr.P.C. but he being innocent, the F.I.R. is liable to be quashed.

3. I have considered the foregoing facts and find that it is not a proper stage to enter into the innocence or guilt of the accused/petitioner. It is however, clear that he had utilized the bogus appointment letter to secure his appointment in the Education Department, may be on paying illegal gratification of Rs.45,000 as alleged by him. However, this fact will not be helpful at this stage till the evidence is recorded during the trial. The cardinal principle of criminal administration of justice is that proceedings in a criminal case should not be unnecessarily stifled and if a person is found guilty in the police investigation and sent up for trial to the Court concerned, the trial should be allowed to take its usual course instead of quashing the F.I.R.. More so when the F.I.R. has been filed by a Government official in the ordinary course of business. In the instant case the F.I.R. was lodged by a responsible officer i.e. Director Education in which it was contended that the petitioner had utilized a bogus appointment letter to secure job in the Education Department. As such; there is no ground for the quashment of the F.I.R. at this stage and the trial should be allowed to proceed as usual in accordance with law. This petition is accordingly dismissed being meritless. C.M.No. 1 of 1998 and C.M.No. 2 of 1998. With the dismissal of main petition, these miscellaneous applications are also disposed of. Q.M.H./M.A.K./358/L Petition dismissed.