2000 PLP 63 (MLD)

(iii) Jute bags were checked up by Syed Tauqir Ali Shah, A.F.C. on 8‑7‑1985 and it was found that 7500 empty bags, 'A' class had been given to the farmers and cooper4,cive societies for purchase of wheat, but the petitioner No. l in his recorded of July, 1985 had mentioned 5000 bags (empty) to be collected from them. Later on the said figures had been tampered with and 16,500 bags had been mentioned therein, which showed that petitioner No. l had misappropriated 11,500 empty bags of the value of Rs.2,30,000; (iv) Thirty thousand bricks at the rate of Rs.475 per thousand had been shown to have been purchased on 7‑9‑1985 and payment of a demand of Rs.14,250 was outstanding, but only 2050 bricks of the value of Rs.973 were found at the Centre, thereby the petitioner had misappropriated Rs.13,277. (v) That 250 kilos of rope at the rate of Rs.40 per kilo was shown to have been purchased on 7‑9‑1985 of the value of Rs.10,000 whereas the said rope was not available at the Centre. (vi) That petitioner No. l had tampered with the official record and a bill for Rs.1,55,943.85 towards freight of wheat for Cooperative Society Ferozewala had been presented, whereas the Society had supplied 4868 wheat bags only and its freight worked out to Rs.8,20,4.85. Thus, the petitioner No. l had tried to misappropriate Rs.1,47,541 by fabricating record,

2. The investigation was allegedly carried out under the supervision of Illaqa Magistrate and the said A.F.C. and consequently and order was passed by the Magistrate for the transfer of property of petitioner No.l in favour of the Provincial Government. This order was challenged in the High Court vide Writ , Petition No.271 of 1987 which was accepted and the moveable and immovable property of the said petitioner which was seized was ordered to be released. The petitioners were, however, challaned to face the trial before the Special Judge Anti‑Corruption, Sargodha.

3. It is now claimed that before lodging of the impugned F.I.R., petitioner No.l had on 4‑9‑1985 lodged F.I.R. No.168 of 1985 at Police Station Lalian under section 379, P.P.C. for theft of Government property against Khadim Hussain etc., in which statement of Khadim Hussain was recorded under section 164, Cr.P.C. The petitioners filed Criminal Miscellaneous No.246‑Q of 1988 for the quashment of case F. I. R. No. 187 of 1985 but it was dismissed for non‑prosecution. They had, therefore, to file this second Criminal Miscellaneous No.97‑Q, of 1991 claiming quashment on the grounds inter alia. (a) That out of 12 persons named as prosecution witnesses Rana son of Qaim Din, Muhammad Sharif son of Ghulam and Allah Bakhsh son of Ahmad have sworn affidavits to the effect that the allegations against the petitioners are incorrect which are available on the file of Criminal Miscellaneous No.246‑Q of 1988; (b) That so far not even a single witness has supported the prosecution case against the petitioners which is based upon the writing illegally obtained by the Investigating Officer from petitioner No. l who was then in police custody and the said writing has been declined to be illegal and without lawful authority in writ petition No.271 of 1987, Writ Petition No. 1767 of 1987 and Writ Petition No.681 of 1988. Photo copies of the orders of which have been annexed; and (c) That in view of the earlier F.1.R. No. 168 of 1985 this second F. I. R. in respect of the same matter is mala fide and the petitioners have been involved with ulterior motives.

4. I have heard the learned counsel for the petitioners as also the learned State counsel. There is no denying the fact that Sahib Khan petitioner is a Government servant being a Food Grain Inspector and no Criminal Case could be registered against him with the local police as has been repeatedly held by the superior Courts. Khan Wazir and 3 others v. The State (1977 PCr.LJ 93) (Lahore), Piru v. The State (1984 PCr.LJ 3131)(Karachi) and Muhammad Sharif v. S.H.O. Police Station City Wazirabad (PLD 1997 Lah. 692) can be referred to with advantage and the learned State counsel has not been able to controvert the well‑recognized principle of law in this behalf. It is also 4 hard fact that the case against the petitioners is hanging fire since 1986 but the trial had not concluded till such time that further proceedings were stayed by this Court on 28‑9‑1992.

5. For all these reasons this Criminal Miscellaneous No.97‑Q of 1991 is accepted and the proceedings in case F. I. R. No. 187 of 1985 are quashed. H.B.T./S‑263/L Petition allowed.