1991 P Cr (PLP)

The petitioner is first informant of a criminal case registered at Police Station Gulberg Lahore under section 406/420, P.P.C. vide F.I.R. No.35, dated 24-1-1990. He has filed the instant Constitutional Petition with the following prayer:-- "In view of the above submissions it is most respectfully prayed that the writ petition may kindly be accepted and the respondent No.5 (Ch. Shafqaat Ahmad) Deputy Superintendent of Police who is investigating the case may graciously be directed to take the car into possession and refer the matter to the Court of Illaqa Magistrate who may decide the ownership of the car on the basis of documents of ownership. It is further prayed that the respondents Nos. 2 to 7 may kindly be directed to apprehend the actual culprits to redress the grievance of the petitioner so that the justice may be done to the petitioner. Meanwhile respondent No.l may be directed not to harass the petitioner. Any other just and equitable relief to which the petitioner be found entitled may also kindly be granted with costs."

2. The Station House Officer Police Station Gulberg Lahore has submitted a progress report in Court today. It has been stated by him that both the accused in case F.I.R. No.35, dated 24-1-1990 registered under section 406/420, P.P.C. at Police Station Gulberg Lahore were declared proclaimed offenders and that the challan under section 512, Cr.P.C. was prepared on 1-2-1990 and submitted in Court of Illaqa Magistrate on 31-10-1990. Confronted with the above situation learned counsel for the petitioner was not in a position to contend that there was any illegality committed by the prosecution in the case. He was, however, of the view that respondents Nos.1 and 8 can be taken into custody in the case registered at the instance of the petitioner and that the car bearing Registration No.LHX-3710 can also be recovered by the Investigating Officer. The prosecution having submitted the challan under section 512, Cr.P.C. and the accused having been declared as proclaimed offenders 1 am not of the view that any useful purpose will be served by issuing the direction prayed for in this case. The submission of challan against the accused is admittedly a step towards the finalization of the proceedings against the accused in accordance with law. It is still open to the prosecution to effect the arrest of the I accused as also recovery of the vehicle in dispute. With the above observation this petition stands disposed of. There, shall be no order as to costs. SA./M-2881/L Order accordingly.