2011 PLP 1562 (YLR)

SH. AHMAD FAROOQ, J.

Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks the quashment of F.I.R. No.312 of 2010, dated 4-8-2010, registered in Police Station, Kallurkot, District Bhakkar, under sections 302/147/149, P.P.C.

2. The facts, essential for the adjudication of the lis in hand, are that the respondent No.3/Khan Muhammad lodged an F.I.R. No.312 of 2010 on 4-8-2010 at Police Station, Kallurkot, District Bhakkar, under sections 302/147/148, P.P.C. against the present petitioner/Ghulam Muhammad and others. The said F.I.R. was registered on the verbal orders of the Chief Minister of Punjab on the application of respondent No.3, wherein, it is alleged that the brother of respondent No.3, namely, Bilal was arrested by the officials of Police Station Kallurkot, District Bhakkar in a case arising out of F.I.R. No.298 of 2010, dated 24-7-2010, registered in Police Station, Kallurkot, District Bhakkar, under sections 379/411, P.P.C. who, according to the version of police, committed suicide in the lock up, and, in this connection, another F.I.R. bearing No.299 of 2010 was registered against the said Bilal in Police Station Kallurkot, District Bhakkar under section 325 P.P.C. on 24-7-2010. The petitioner submitted that the impugned F.I.R. No.312 of 2010 was got registered on the pressure of public, resulting from the sudden death of Bilal, whereas, the accused have nothing to do with the alleged offence. The petitioner further submitted that from the report of Postmortem Examination, it is found that there was no mark of violence or injury on the body of the deceased/Bilal and his death was the result of suicide. The petitioner maintained that apart from the facts and circumstances of the case, the respondent No.3, who is the complainant of the impugned F.I.R., tendered an affidavit before DSP, Headquarter, Bhakkar stating therein that the petitioner and others are not involved in the commission of the alleged offence. The petitioner claimed that further proceedings, if conducted in the impugned F.I.R., would amount to abusing the process of law.

3. The respondents Nos.1 and 2 have submitted their separate report and parawise comments, wherein, they contended that the investigation of the impugned F.I.R. was entrusted to Muhammad Nawaz, S.-I., who came to the conclusion that the complainant of the F.I.R. failed to produce any convincing evidence in support of his version. Thereafter, the investigation was transferred to Regional Investigation Branch, Sargodha, which is still in progress. However, the complainant and the eye-witnesses of the impugned F.I.R. have produced their affidavits before the Regional Investigation Branch, Sargodha deposing therein that all the accused, implicated in this F.I.R., are innocent and the complainant has no objection to the cancellation of the F.I.R. and he did not want to prosecute the same.

4. Arguments heard. Record perused.

5. Admittedly, the impugned F.I.R. was got registered on the verbal orders of Chief Minister Punjab, during his visit to Kallurkot; in connection with Flood Relief, on the application of respondent No.3. Firstly, the investigation of the impugned F.I.R. was entrusted to Muhammad Nawaz, S.-I., who, during the course of investigation, came to the conclusion that the complainant failed to produce any convincing evidence in support of his version. Thereafter, the investigation was transferred to Regional Investigation Branch, Sargodha, wherein the complainant sworn his affidavit to the effect that all the accused are innocent and he has got no objection, in case, the impugned F.I.R. is cancelled, as he did not want to pursue the same.

6. In view of above, it is established that the petitioner has been found innocent in two successive investigations and further proceeding in the impugned F.I.R. would tantamount to abusing the process of law, particularly, when the prosecution story is totally denied by the complainant and eye-witnesses of the F.I.R. Hence, the instant petition is accepted and the impugned F.I.R. No.312 of 2010, dated 4-8-2010, registered in Police Station, Kallurkot, District Bhakkar, under sections 302/147/ 149, P.P.C., is ordered to be quashed to the extent of present petitioner. H.B.T./G-24/L Petition accepte