1994 PLP r (PCRLJ)

Writ Petition No. 3820 of 1993, decided on 14th April, 1993.

S_ 467/468/471/420

Constitution of Pakistan (1973), Art. 199

Case had been registered against the accused on the statement of Assistant Commissioner/Deputy Settlement Commissioner (Land) on the allegation that they had made an attempt to get the evacuee agricultural land for the second time against a verified claim

Judgment of Member, Board of Revenue/Chief Settlement Commissioner was produced before the High Court to show that the allegations levelled in the F.I.R. against accused stood nullified by the said judgment

Certified copy of the said judgment had not been produced by the accused before the police for its verification, Superintendent of Police was directed to finalize the investigation of the case within next ten days especially keeping in view the judgment passed by the Chief Settlement Commissioner with a further direction to the Investigating Officer not to arrest the accused petitioners in the meantime

Constitutional petition was disposed of accordingly. Qazi Muhammad Saleem for Petitioners. Farooq Bedar, Addl. A: G. for Respondent. A case under sections 467%471/420 and 468, P.P.C. was registered against the petitioners on the statement of Zafar lqbal Gill, Assistant Commissioner/Deputy Settlement Commissioner (Land), City Sub-Division, Faisalabad, on 11-4-1993 on the allegation that the accused made an attempt to get the evacuee agricultural land for the second time against a verified claim. Learned counsel has drawn attention of the Court to paragraph 9 of judgment, dated 21-12-1992 passsed by the learned Member, Board of Revenue/Chief Settlement Commissioner, Punjab to contend that the allegations levelled in the F.I.R. would stand nullified by the judgment of the learned Chief Settlement Commissioner. On the basis of this observation, it is contended by the learned counsel that no offence at all has been committed by the accused. The learned Law Officer has raised an objection that the petitioners did not produce a certified copy of the aforesaid judgment before the police for its verification. He, therefore, suggests that a direction B may be issued to some superior Police Officer to finalize the investigation of the case as early as possible keeping in view the documentary evidence produced and relied upon by the learned counsel. This being so, a direction shall issue to the S.S.P. Faisalabad to finalize the investigation of the case within next ten dais especially keeping in view the judgment, dated 21-121992 C passed by the learned Member, Board of Revenue/Chief Settlement Commissioner.

2. An assurance has been given by Mr. Farooq Bedar, learned Additional Advocate-General that the petitioners shall not be arrested, during the investigation. In view of the statement of the learned Law Officer, the Investigating Officer shall not arrest the petitioners, in the meantime. This IC petition is accordingly disposed of. N.H.Q./A-481/L Order accordingly.