1991 P Cr (PLP)

Nemo for the State. Date of hearing: 23rd April, 1991. This is a petition for quashment of case F.1.R. No.6 dated 31-5-1988, under section 161, P.P.C. read with section 5(2)47, Prevention of Corruption Act, 1947, Police Station Anti-Corruption Establishment, Jhang.

2. Ch. Abdul Majid petitioner was serving as S.H.O. Police Station Shorkot in the year 1986. Abdul Ghaffar son of Muhammad Sharif submitted an application before the Additional Director, Anti-Corruption Establishment, Faisalabad alleging that the petitioner had obtained bribe from him for the registration of a case. The matter was inquired into by the Anti-Corruption Establishment and the proceedings were dropped under the order of the then Deputy Director, Anti-Corruption, Faisalabad. The case was re-opened on the application of Abdul Ghaffar. The Chairman, District Anti-Corruption Committee, Jhang got the matter enquired into and recommended registration of the aforementioned case against the petitioner. Consequently, case F.I.R. No.6 dated 31-5-1988 was registered against the petitioner. The Investigating Officer found the allegations to be correct and recommended judicial action against the petitioner. On the representation of the petitioner, the matter was re-investigated by the Assistant Director, Anti-Corruption, Faisalabad who recommended that it be dropped as none of the witnesses had supported the prosecution allegations. Another investigation was carried out by the Deputy Director, Anti-Corruption, Faisalabad, He recommended challenging the petitioner in view of the material available against the petitioner. After obtaining sanction from the competent authority the challan was submitted in Court.

3. Learned counsel for the petitioner states that the case is based on absolutely false allegations. Abdul Ghaffar complainant had been making contradictory statements before various officers. No recovery was effected from him. The details of the case which he allegedly registered after obtaining money from him were not mentioned in the F.I.R. Learned counsel for the petitioner has referred to the report of Assistant Director (Investigation), Anti-Corruption Establishment, Faisalabad wherein he stated that the witnesses who had been examined by the Anti-Corruption Establishment had appeared before him and had not supported the prosecution version. In this view of the matter he recommended that the case against the petitioner be dropped.

4. Sultan Ahmad Chattha, Deputy Director, Anti-Corruption states that in the subsequent investigation carried out by the 'Deputy Director of the Rank of Superintendent of Police change against the petitioner was found to be proved and he recommended for judicial action.

5. Whatever may be the result of the Investigating Agencies, when Abdul Ghaffar and other public witnesses had not supported the prosecution allegations against the petitioner, I do not think that any useful purpose would be served by the judicial trial of the petitioner. In this connection a reference may be made to the investigation carried out by Mr. Fazal Muhammad Dogar, Deputy Director Investigation wherein he stated that Abdul Ghaffar and his witnesses had not supported the prosecution version and also disowned and denied having signed the application forming basis of the registration of the case in question or the statements earlier made by them.

6. In the above circumstances, it appears that the police officials are becoming personal in the matter and being fully aware of the fate of the case arc still recommending judicial action for mala fide reasons. I, therefore, accept the petition and quash the case against the petitioner. N.H.Q./A-1296/L Proceedings quashed.