MIAN SAEED HASSAN Versus THE STATE

GUL MUHAMMAD KHAN, J. ‑‑The learned counsel challenges through this Intra‑Court Appeal the following portion of the order passed by a learned Single Judge of this Court in W.P. No. 5860 of 1980:‑

"This is indeed an extremely sorry state of affairs particularly where serious allegations of fraud, forgery and manipulations of record involving property worth Lacs of rupees were made. To say the least the matter should have been more seriously dealt with. In these circumstances, the petitioner should approach the D.I.‑G., Lahore with a copy of his complaint who will ensure that appropriate enquiry/investigation is conducted into the allegations of the petitioner."

2. It is contended by the learned counsel that as this Court cannot interfere with the investigation being conducted by the police, the direction given above is not valid. He further states that the same allegations are subject‑matter of a civil suit and, therefore, criminal proceeding cannot be undertaken. Some contradiction in an earlier order passed by this Court in W.P. No. 5603 of 1978 is also pointed out.

3. None of the contentions, however, has any force. Admittedly, the police had carried out some sort of inquiry or investigation referred to by the learned counsel, without registering a case. Further, the direction in W.P. No. 5603 of 1978 was only against Martial Law Authority, who was interfering with a matter of a civil nature. The! impugned direction, however, could be specifically made in view of section 154 of the Criminal Procedure Code and Chapter 24 of the Police Rules. Further, it is the petitioner, who had been directed to approach the police. Consequently, the police is obliged to act ink accordance with section 154, Cr.P.C. read with Chapter 24 of the Police Rules.

This Intra‑Court Appeal, therefore, has no merit and is dismissed with no order as to costs.

S.G.D./S‑244/L Appeal dismissed.