1981 P Cr (PLP)

Art. 199 and Criminal Procedure Code (V of 1898), S. 154‑Complainant's first case against petitioner cancelled by Magistrate on recommendation of Police as being not proved-Complainant getting case registered against petitioner on same grounds in different police station concealing his real profession, place of residence and also registration and result of earlier case‑. Held: Case against petitioner being proceeding on mala fides of complainant unfair to let petitioner suffer embarrassment over again on matter already concluded by Police investigation‑‑Investi gation of instant case against petitioner quashed. Q. M. Salim for Petitioner. Malik Allah Yar for Respondent No.

3. By this petition under Article 199 of the Constitution, the petitioner, seeks quashment of the investigation proceedings being conducted by the Police in the case registered against him vide First Information Report No 53, dated the 25th April, 1980, of Police Station Qadirpur, District hang.

2. The petitioner alleges to have married Mst. Fateh Bibi, sister of Muhammad Ramzan, respondent

3. However, Muhammad Ramzan got a case of her abduction registered against the petitioner on the 24thJuly, 1979, at Police Station Barana, District Jhang, vide First Information Report No.

90. During investigation, it was represented to the Police that Mar. Fateh Bibi had already been married to one Ghulam Hussain and that their n1kah had been registered with Union Council, Chhatta. However, the Police was in the view that the entry relation to their nikah was bogus and forged. As no proof of the commission of offence by the petitioner was forthcoming, the Police recommended the case to be cancelled. The Ilaqa Magistrate cancelled the case.

3. On the 25th April, 1980, Muhammad Ramzan got the instant case registered against the petitioner at Police Station Qadirpur vide First Information Report No.

53. He complained that Mst. Fateh Bibi had been married to one Ghulam Hussain and during the subsistence of that marriage the petitioner had abducted her. He did not disclose that the earlier case registered against the petitioner had been cancelled, He gave his occupation and place of residence different from those he gave on earlier occasion while reporting the matter to the Police of Police Station Barana on the 24th April, 1979. The petitioner contends that the initiation of second case against him at the instance of Muhammad Ramzan was mala fide.

4. I called the Police Officers of the two Police Stations, Barana and Qadirpur, alongwith records of both the cases registered against the petitioner. The earlier case, as already mentioned, was cancelled because the petitioner was not found to have committed any offence and his alleged marriage was found to be a genuine affair. It is pertinent to mention that while lodging, the First Information Report at Police Station Barana, Muhammad Ramzan did not say anything touching the earlier marriage of Mst. Fateh Bibi with Ghulam Hussain. He would not have omitted such an important fact if she has been actually married to Ghulam Hussain. His act of concealment of his real profession and place of residence and also of registration and result of the earlier case against the petitioner while getting the second case registered against the petitioner reflects his apparent mala fide. The police having earlier found allegations regarding Mst. Fateh Bibi's alleged marriage with Ghulam Hussain to be without any foundation it is of no use to investigate the matter again. The present case against the petitioner proceeds mala fides of the complainant. It is unfair to let the petitioner suffer embarrassment over again for a matter which had been concluded by the police investigation, The investigation of the instant case against the petitioner is quashed. Petition accepted.