2012 P Cr (PLP)

MUNIR AHMED CHAUDHARY, J.

Through this petition filed under section 561-A, Cr.P.C., a prayer has been solicited to issue a direction to SHO Police Station Kotli City for lodging an F.I.R.

2. It was stated by the petitioner that he lodged an F.I.R. No.217 of 2010 under sections 430/353/186/147/148/149, A.P.C. and 14/EHA at Police Station Kotli against respondent No.1 Anjum Javaid, an employee of National Bank of Pakistan who was posted at main branch Kotli. The said respondent No.1/accused was apprehended by the police who submitted a bail application in Tehsil Criminal Court Kotli. For the sake of obtaining concession of bail from the Court, the said accused produced a false and forged certificate from respondent No.2 (Operational Manager NBP Main Branch Kotli), stating that he was present on his duty in the bank at the time of occurrence and was not present at place of occurrence. The accused took plea of alibi. Respondent No.1/accused has admitted his presence at the place of occurrence in his application submitted to Deputy Inspector-General of Police Mirpur. The petitioner submitted an application to Deputy Commissioner Kotli for an inquiry and to take legal action against the persons regarding issuance of the said false and forged certificate. The said application was made over to Assistant Commissioner Kotli for an inquiry. A fraudulent act of respondents Nos.2 to 5 to save respondent No.1/accused from legal actions are deliberate, abuse of power, false and with mala fide intention to give undue benefit to the accused person. It was further stated that the petitioner submitted applications to Deputy Commissioner Kotli, Deputy Inspector-General of Police Mirpur Range and Inspector-General of Police AJ&K for legal action and to lodge an F.I.R. against the respondents but no action was taken. The petitioner prayed to accept the petition and to direct Station House Officer Police Station Kotli to lodge an F.I.R. against the respondents/officials of the bank under law.

3. Respondents Nos. 1 to 4 submitted comments, stating therein that the petition is not maintainable and hit by the doctrine of laches. Respondent No.1/accused was extended concession of bail in accordance with law by Tehsil Criminal Court. The petitioner challenged the same before District Criminal Court Kotli from where the bail was upheld. Then the petitioner challenged the same before the Shariat Court, from where the orders of the subordinate Courts were upheld. The certificate issued was not false and forged. The petitioner wants to humiliate and harass the respondents. The matter is pending before a court of competent jurisdiction where the petitioner can produce evidence against respondent No.1/accused. The respondents prayed to dismiss the petition.

4. Arguments were advanced by the learned counsel for the parties, who only repeated their versions as taken in the pleadings. After hearing the arguments, I have gone through the record minutely. The record reveals that this petition has been filed to direct the concerned police to lodge an F.I.R. against respondents No.1/accused and other respondents who are bank officials regarding issuance of a certificate said to be false and forged. The certificate appended with the petition shows that respondent No.1/accused was present in the bank on his duty on the date of occurrence. There is no proof on record that the said verifying certificate was false or forged. The said certificate was issued on 23-6-2010 and the petitioner filed the instant petition on 13-8-2011. No reasons have been mentioned regarding this considerable delay. The petitioner had a remedy to file a private complaint against the said respondents but he did not avail the same. The petitioner was at liberty to approach Sessions Judge Kotli regarding the same redressal but he could not approach the said court. The matter is pending before the court of competent jurisdiction. No direction can be issued regarding a certificate, which has not been proved false and forged yet. In the light of what has been stated above, the instant petition under section 561-A, Cr.P.C stands dismissed. No order as to costs. HBT/30/AJK Petition dismissed.