2002 PLP 359 (YLR)

Date of hearing: 26th March, 2001. Briefly stated the facts are that Rafique Ahmad son of Gul Sher moved an application dated 13-9-1994 against Allah Ditta, A.S.-I./petitioner alleging that during the investigation of a case registered against him in 1992, the said A.S.-I. had demanded and accepted Rs. 16,000 as illegal gratification from him.

2. The matter was inquired into by Circle Officer who found the accused/ petitioner as innocent vide his report dated 6-1-1995. However, the Assistant Director (Legal) disagreed with the recommendation of Circle Officer vide his report dated 15-1-1995 and recommended the registration of case against the accused/petitioner. Accordingly by the order of Additional Director a case was registered against the present petitioner under section 161, P.P.C. read with sections 5(2) of 47, PCA vide F.I.R. No. 18 of 1995 dated 23-1-1995 at Police Station Anti-Corruption Establishment Multan, Region, Multan. Thereafter, the matter was investigated by Circle Officer who vide his report dated 24-3-1995 proposed judicial action against the accused/petitioner. His report was approved by Additional Director vide his order dated 24-4-1995.

3. Through the instant writ petition the accused/petitioner has sought the quashment of proceedings emanating against him vide F.I.R. No. 18 of 1995 referred above.

4. The comments of respondent No. 1 have been called and brought on record.

5. Arguments have been heard and record perused.

6. The stand of the learned counsel for the petitioner is that case against the petitioner has been registered on the basis of a complaint of one Rafique Ahmad dated 13-9-1994 in respect of an incident which had taken place in 1992, that the said complaint was inquired into by the Circle Officer who found the petitioner innocent vide his report dated 6-1-1995, that said report was not accepted by the Assistant Director Legal and recommended the registration of case against him and consequently instant case was registered against him, that the stand of complainant is that petitioner had accepted a sum of Rs.16,000 as illegal gratification in connection with investigation of a case registered against him under section 456, P.P.C. vide F.I.R. No.220 of 1992 dated 23-10-1992, that the said F.I.R. was registered by Khan Muhammad Akram Khan and was investigated by Habib Ullah, S.-I., that the petitioner neither registered nor investigated that case, so the question of demanding and accepting any illegal gratification does not arise. He further contends that the petitioner was also proceeded departmentally and as per report of DSP/SDPO, Sadar Circle, Rahimyar Khan dated 14-11-1994 has been found innocent, that although judicial action was approved by the Additional Director vide order date 22-4-1995 yet in spite of lapse of six years the challan has not been submitted which amount to abuse of process of law as such the proceedings initiated against the petitioner o the basis of F. I. R. No, 18 of 1995 be quashed.

7. Conversely the stand of the learned A.A.-G. assisted by Assistant Director Prosecution is that as the petitioner has been fully involved in this case, so judicial action has been approved against him, that challan could not be submitted due to non-availability of the petitioner, that now necessary proceedings have been completed against the petitioner and challan is likely to be submitted within a week. He thus submits that petitioner is not entitled for relief sought by him.

8. From the fact narrated above evident that the proceedings have been initiated against the present petitioner on the basis of application moved by one Rafique Ahmad who is himself an accused of F.I.R. No.220 of 1992 dated 23-10-1992 under section 456, P.P.C. registered at Police Station Rukkan Pur, District Rahimyar Khan. His (Rafique Ahmad) stand is that the petitioner had demanded and accepted Rs.16,000 as illegal gratification in connection with the investigation of said case. Admittedly, F.I.R. No.220 of 1992 was registered by Khan Muhammad Akram Khan and the case was investigated by Habib Ullah, S.-I. There is nothing on record to show that if the present petitioner was in any way connected with the investigation of said F.I.R. The instant case against the petitioner was initially investigated by the Circle Officer A who found him innocent as is evident from his report dated 6-1-1995. however, his report was not accepted by the Assistant Director Legal and he recommended the registration of case against him. Consequently the case was. registered against the petitioner on 23-1-1995 vide F.I.R. referred above. As a result of investigation, now judicial action has also approved against the petitioner by Additional Director vide order dated 24-4-1995. From 24-4-1995 till today the challan has not been submitted against the petitioner on the ground that petitioner was not available. This stand of respondent is absurd on the face of it. Admittedly the petitioner belongs to law enforcing agency and had been performing his duty during all this period till he retired from service. Thus, the question of non availability does not arise. This lethargic attitude on the part of the department cannot be given a judicial sanction for continuing proceedings against the petitioner who stands involved in this case on the basis of complaint instituted with a delay of two years of the alleged occurrence.

9. Since the accused / petitioner has been undergoing the agony of inquiry/investigation for the last more than seven years and challan has not so far been submitted in the Court of competent jurisdiction, so by invoking the Constitutional jurisdiction, the petition is accepted and proceedings emanating against the petitioner out of F.I.R. No.18 of 1995 under section 161, P.P.C. read with section 5(2)/47, PCA registered at Police Station Anti Corruption Establishment, Multan Region Multan are hereby quashed. Let a copy of this order be sent to Director, Anti Corruption, Punjab, Lahore for information and initiating actions against delinquent officials. N.H.Q./A-546/L Petition accepted.