2006 P Cr (PLP)

IJAZ AHMAD CHAUDHRY, J.

Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973; the petitioner seeks quashment of case F.I.R. No.541 of 2005, dated 11-9-2005 registered under section 401, P.P.C. at Police Station Harbanspura, Lahore on the application of Arshad Khan, S.-I.

2. The brief allegation in the F.I.R. is that the complainant Arshad Khan, S.-I. received secret information through an informer that 2/3 persons were sitting in the garden near Saghir Town with the intention to commit the offence. The raiding party apprehended them; one of them Muhammad Nadeem succeeded in running away while the petitioner Abdur Rehman alias Rehman was apprehended who was armed with .30 bore pistol and his co-accused Muhammad Nadeem alias Doctor Nadeem got recovered mobile phone. Moreover, Motorcycle bearing Registration No.1395-LZO was also found parked there which was claimed (sic) by property. The same was taken into possession under section 550, Cr.P.C.

3. Learned counsel for the petitioner contends that the F.I.R. is liable to be quashed on the ground that the Motorcycle bearing Registration No.1395-LZO was owned by the father of the petitioner namely Muhammad Sharif which was stolen on 3-9-2005 at 9-30 p.m. and case F.I.R. No.432 of 2005 was got registered at Police Station Shalimar, Lahore, on 4-9-2005 in this connection under section 381-A, P.P.C. It is also contended that Arshad Khan complainant of this case summoned the petitioner at Harbanspura Police Station and told him that motorcycle has been recovered and the accused has been arrested and also demanded an amount of Rs.70,000 out of which Rs.35.000 were paid. The petitioner was summoned along with his father but he was not set at liberty and subsequently was involved in the present case along with two other accused with mala fide intention and ulterior motive. It is also contended that in order to grab the motorcycle and alleged amount this case has been registered while the petitioner has been discharged from F.I.R. Case No.504 of 2005 registered on 8-6-2005 at Police Station Baghbanpura under section 392, P.P.C. in which the petitioner was apprehended after his arrest.

4. S.H.O. Police Station Harbanspura is present and states that the petitioner and his co-accused had the intention to commit the offence and his co-accused was also involved in the other case. Supports the registration of the case against the petitioner and denies the receiving of amount.

5. I have heard the learned counsel for the parties and also perused the record. S.H.O. who is present along with Arshad Khan, S.-I. both have failed to show that how they came to know about the intention of the petitioner for commission of offence as alleged in the F.I.R. The documentary evidence has been produced by the petitioner in support of his contention that case F.I.R. No.432 of 2005 was got lodged by the petitioner on 4-9-2005 at Police Station Shalimar under section 381-A, P.P.C. for the theft of Motorcycle hearing Registration No.1395-LZO committed at 9-30 p.m. on 3-9-2005 and the said ease was under investigation. The fact of the registration of the case and the recovery of motorcycle in case FIR No.541 of 2005 being parked near the place where the petitioner and co-accused were arrested by Arshad Khan, S. -I. prima facie support the contention raised by the learned counsel for the petitioner and the possibility cannot be ruled out for registration of this false case against the petitioner in order to grab the motorcycle which has been recovered by the police during investigation of case F.I.R. No.432 of 2005 registered at Police Station Shalimar. The factum of the registration of this case and subsequent involvement of the petitioner in, another case F.I.R. No.504 of 2005 which was registered on 8-6-2005 at Police Station Baghbanpura under section 392, P.P.C. against the unknown accused persons show mala fide. The order, dated 14-9-2005 passed by the learned Magistrate 1st Class, Lahore Cantt. shows that the petitioner was also involved in case F.I.R. No.487 of 2005 of Police Station Harbanspura due to suspicion and he was released/discharged as nothing was recovered after two days remand. This is a clear case of abuse of process of law and misuse of powers by the police as the police has failed to show the reason for registration of the case or how the intention of the petitioner was known to the police about the commission of the offence. Hence I have no option except to accept the version of the petitioner that he is being victimized by the police malafidely for some ulterior motive.

6. Resultantly this writ petition is accepted and case F.I.R. No.541 of 2005, dated 11-9-2005 registered under section 410, P.P.C. at Police Station Harbanspura, Lahore, is hereby quashed.

7. Before parting with this order, the C.P.O., Lahore is directed to look into conduct of Kashif Khalil Inspector/S.H.O. and Muhammad Arshad, S.-I. of Police Station Harbanspura into the allegations levelled by the petitioner, noted by this Court above and also contained in the application (Annexure "F" of the writ petition) submitted by the father of the petitioner Muhammad Sharif and take departmental action on the administrative side. Both of them shall be immediately removed from the present place of posting of Police Lines till the finalization of the inquiry to ensure that they may not influence the alleged aggrieved party. Learned A.A.-G. shall telephonically inform about the compliance of this order. Moreover, since the allegation of receiving illegal gratification has been levelled by the petitioner, it is directed that if the petitioner moves- application to the Additional Director Anti-Corruption Establishment, Lahore for registration of the case who shall act in accordance with law. H.B.T./A-157/L F.I.R. Quashed.