1996 P Cr (PLP)

S. 436/379/148/149

Constitution of Pakistan (1973), Art. 199-- Constitutional petition

Quashing of F.I.R.

Accused had dispossessed the complainant from the house through the process of law by a Bailiff of Civil Court in the presence of police and they in the presence of the Bailiff and the police could not be expected to have set at fire a room of the house or stolen the articles therefrom which had been handed over to Superdar

Registration of the case at the instance of the complainant who was desirous to vex the accused was simply an abuse of the process of law and its continuation and investigation could not be allowed

F. I. R. registered against the accused was consequently quashed by High Court in exercise of its Constitutional jurisdiction. Syed Sabir Hussain Shah for Petitioners. Syed Muhammad Amin for the Complainant. Haji Imam Bakhsh, Faiz Bakhsh, Allah Wasaya, Zulfiqar, Iqbal alias Bala, Muhammad Nawaz and Ghulam Muhammad are the accused in case F.I.R. No.215, dated 25-7-1995 registered at Police Station Saddar, Lodhran under section 436/379/148/149, P.P.C. The aforesaid F.I.R. was got registered by Muhammad Murad on the basis of the filing of Writ Petition No.3130 of 1995 which was disposed of on 12-7-1995 The allegation of Muhammad Murad complainant is that in his absence the aforesaid accused while armed with lethal weapons formed an unlawful assembly and in prosecution of their common object set at fire the Sahil (room) of his house who took away the valuables of the house. The names of the P.Ws. who saw the occurrence are mentioned in the F.I.R. This writ petition has been filed by the petitioners-accused for the quashment of F.I.R. No.215, dated 25-7-1995 registered at Police Station Saddar, Lodhran. The contention of the petitioners-accused is that the possession was obtained through process of law as the bailiff was deputed by the Civil Court and with the assistance of the police the execution order was executed. It is added that the articles were handed over to the Superdar and that the petitioners are not the accused persons.

2. I have heard the learned counsel for the parties and gone through the record before me. I am in full agreement with the learned counsel for the petitioners that it is a good case for the quashment of the FI.R. The admitted position is that in this case Muhammad Murad complainant was ejected/evicted through the process of law by a bailiff of the Civil Court at the direction of the Civil Court with the assistance of the police after the petitioners-accused had to undergo the ordeal of the protracted litigation which has become the source of inconvenience to our public. The articles were handed over at the time of execution of the warrant of possession to the Superdar Thereafter the complainant sought the assistance of Police, Police Station Saddar, Lodhran with the intervention of Civil Court. Mumtaz Ahmad, Sub-Inspector, Police Station Saddar, Lodhran present in the Court has intimated that he himself assisted the bailiff of the Civil Court at the spot when the complainant alongwith his paraphernalia was dispossessed. This aspect of the matter has simplified this dispute. The petitioners were within their legal rights to get the possession of the suit property from the complainant. The order was got executed with the help of the police by the Civil Court. The property handed over on Superdari is with the Superdar which can be received/recovered by Muhammad Murad complainant. My firm view is that the registration of the case at the instance of Muhammad Murad complainant is simply an abuse of process of law. The complainant is desirous to vex the petitioners-accused who dispossessed him through the process of law. It cannot be expected that in the presence of the bailiff and the Police Officer(s) the Sahil (room) of the house could be set at fire and the articles could be stolen. Obviously the articles of the house had to be removed and in that respect the same were handed over to the Superdar (custodian). The registration of the case and the continuation of the investigation cannot be allowed especially when the petitioners-accused obtained the possession of the property after winning the case from the Civil Courts up to Lahore High Court, Multan Bench, Multan.

3. Considering it to be a fit case I accept this writ petition and quash. F.I.R. No.215, dated 25-7-1995 registered at Police Station Saddar, Lodhran under section 436/379/148/149, P.P.C. against the petitioners. N.H.Q./I-172/L Petition accepted