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Criminal Miscellaneous No. 194/Q of 1983, decided on 19th May, 1987.
---S.561-A--Penal Code (XLV of 1860), S.182/211--Quashing of proceedings--Case registered against accused at the instance of senior police officer without making inquiry into matter--Challan submitted against accused under 5.182, Penal Code, which was not warranted in circumstances--Hasty step taken by senior police officer against accused appearing to be motivated by malice--Proceedings quashed.
Petitioner in person.
Rizwan Amjad for Respondent No. 1.
Nemo for Respondent No.2.
This is a quashment petition under section 561-A by Mr. Hilal Hussain, Advocate, petitioner, for the quashment of the case registered against him under section 182/211, P.P. C. at the instance of the D.I.-G., Lahore Range.
2. The facts leading up to this petition are that on 27-12-1979 and 13-2-1980 the petitioner registered two cases against Mst. Kaniz Fatima and others vide P.l.R. Nos. 643/79 and 75/80. Challan in respect of_ the case F.I.R. No. 75/80 was filed on 7-6:1981. This case was consigned to the record room by the Magistrate on the ground that the accused had neither been served nor arrested by the Police and he could not keep the case pending on his file indefinitely. On 10-5-1982, the petitioner filed an application before the D.I.-G. Police, Lahore Range, complaining against the conduct of the Investigation Agency in not submitting the challans in respect of the two cases filed by him. It was alleged in the petition that on the reverse of the two original F.I.Rs, the Investigating Officer had made endorsements which showed that the challans had been filed in Court, but when he made enquiries from the Court, he found that the challans had not been submitted. It was also alleged in the petition that the Assistant Sub-Inspector in charge of the case had taken bribe and was, therefore, not doing his duty. The petition was marked to the P.D.S.P. for inquiry who, on 7-8-1982, reported that one case had already been consigned to the record room by the Magistrate and the second challan had already been filed. On receipt of this reeport, the D. I.-G., Lahore Range on 10-8-1982, ordered the prosecution of the petitioner under section 182/211. Being aggrieved by the challan filed against him, the petitioner moved a petition for the quashment of the said case in the High Court, which is now before me for disposal.
3. I have heard the arguments of the learned counsel for the petitioner and the State. It appears that the basic grievance of the petitioner was that the Assistant Sub-Inspector in charge of the investigation had made false endorsements on the reverse of the two original F.I.Rs. stating that the challans had been submitted, whereas the same had not been so done. It is surprising that the D.I.-G., Lahore Range, did not even care to check-up whether these fact were correct and, if so, whether the Investigating Officer was not dragging his feet at the behest of the accuse dparty, which obviously would be on the basis of bribe received by him. Without going into this question, it appears that the Senior Police Officer merely ordered the petitioner to be prosecuted, on coming to know that the challans had been filed. In the absence of a proper inquiry into the matter stated above, it could not be said that the petitioner had submitted false information with intent to call the senior Police Officer to us his lawful power to the injury of the Investigating Officer. No notice was given to the petitioner even to join any such inquiry. The submission of the challan under section 182, P.P.C. against the petitioner was, therefore, not warranted. The hasty step taken by) the senior Police Officer against the petitioner appears to be motivated by malice.
4. For the foregoing reasons, this petition is accepted and the criminal case filed against Hilal Hussain, petitioner, under section 182/211, P.P.C. is hereby quashed.
M.Y.H./H-26/L Proceedings quashed:
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