1998 PLP 2036 (MLD)

Syed Zulfiqar Ali Shah Bokhari, Asstt. A.-G. for Respondents Nos.l and 2 Respondent No.3 (absent) Abdur Rehman respondent No.3 is a resident of Street No.28 Kot Khawaja Saeed, Lahore. He got registered F.I.R. No.113 on 21-2-1995 at Police Station City Hafizabad under section 406 of the Pakistan Penal Code against Maqsood Ahmed and Maqbool Ahmed- writ petitioners-accused both sons of Ghulam Muhammad, Mughal by caste and residents of Farooqabad District Sheikhupura with the allegation that they collected the Committee amount which was paid to them in Farooqabad who had shifted to Hafizabad alongwith an amount of Rs.1,85,000, that he alongwith Ghulam Ullah P.W. contacted them on 10-2-1995 who refused to return the amount and rather issued threats of murder against them. He prayed for taking the legal action against the accused petitioners and for the return of the amount to him. Feeling aggrieved both Maqsood Ahmed and Maqbool Ahmed petitioners filed this writ petition on 17-4-1995 to get quashed the F.I.R. on the ground that no alleged offence has been committed within the territorial limits of Police Station City Hafizabad as there is an independent Police Station in Farooqabad District Sheikhupura. The petitioners took up the stand that they are residents of Farooqabad District Sheikhupura who have not shifted to Hafizabad.

2. This petition has been resisted by the State while Abdur Rehman respondent has not appeared and I proceed to dispose of this writ petition in his absence.

3. I have heard the learned counsel for the petitioners as well as the learned Assistant Advocate-General and gone through the record before me. The main contention of the learned counsel for the petitioners is that even according to the recitals of the F.I.R., desired and required to be quashed, alleged offence is said to have been committed in Farooqabad, District Sheikhupura within the area of Police Station Farooqabad, District Sheikhupura and that the F.I.R. could not be recorded at Police Station City Hafizabad for want of jurisdiction. He added that even the petitioners have not shifted from Farooqabad to Hafizabad. On the contrary the contention of the learned Assistant Advocate General is that the petitioners-accused have shifted to Hafizabad and the F.I.R. has rightly been registered at Police Station City Hafizabad. In my view the reasoning adopted by the learned counsel for the petitioners-accused has to prevail. Tariq Hussain A.S. I. who has brought the police file has conceded that 'both the petitioners-accused are not the residents of Hafizabad City. He has expressed that during the investigation he found that the petitioners-accused are the residents of Farooqabad, District Sheikhupura. In this view of the matter, learned counsel for the petitioners -accused has rightly canvassed that the F.I.R. could not be registered at Police Station City Hafizabad. It is a clear cut case of transgression of authority on the part of the police which registered the F.I.R. at. Police Station City Hafizabad against the petitioners-accused. It seems that with the assistance of some influential person Abdur Rehman respondent-complainant succeeded in getting registered the F.I.R. at Police Station City Hafizabad to put the pressure upon the petitioners-accused to recover the amount, if any, from them. Such a working of the police cannot be approved which rather deserves castigation as it is a source of inconvenience to the petitioners without any legal and factual justification with respect to the registration of the criminal case at Police Station City Hafizabad. If such a working of the Police is affirmed there would be an administrative chaos in the society resulting towards judicial anarchy. There are water-tight compartments of jurisdiction and the, most important is that of territorial jurisdiction to set the law in motion. The power and authority is linked with the territorial jurisdiction. This being the legal position it can safely be held that F.I.R. No.113, dated 21-2-1995 registered under section 406, Pakistan Penal Code against Maqsood Ahmad and Maqbool Ahmad petitioners at Police Station City Hafizabad cannot remain in field which is liable to be quashed.

4. For what has been said above, I accept this writ petition and quash the aforesaid F.1.R. No. 113, dated 21-2-1995 at Police Station City Hafizabad. In case the challan has been submitted before the Area Magistrate, the criminal proceedings initiated in the matter shall meet the same fate and the same are also quahsed. In consequence I hold that the petitioners stand exonerated of the aforesaid crime case.

5. However, it is expressed that Abdur Rehman complainant/respondent No.3 shall be at liberty to proceed in the matter afresh in accordance with law before the competent Authority. H.B.T./M-589/L Petition accepted.