QAMAR-UZ-ZAMAN Versus STATE

ORDER

A case under section 420/468/471, P.P.C. has recently on 20-11-1993 been registered at Police Station Civil Lines, Sahiwal, at the instance of Mst. Bilqees Oamar, against her husband Major (Recd.) Qamar-uz-Zaman Khan. The latter seeks quashment of the case.

2. 1 need not state the whole mass of facts, as also history of the alleged acts of fraud and forgery having been committed by the petitioner, according to his wife. Learned counsel for the petitioner has placed on record a large number of documents and has given certain details, in urging that the petitioner has falsely been involved in the case with mala fide intentions and ulterior motives. I would, however, not hesitate to observe that prima facie the petitioner has acted over the years in a manner so as to divest his wife of her valuable landed property and it cannot straightaway be assumed that on the face of the facts of the case no offence is made out. If, however, the petitioner considers himself to be innocent, he has the option to establish his plea of innocence by participating in the proceedings of the investigation, which are in progress.

3. It is well-known that save in exceptional circumstances neither the course nor the manner of investigation being conducted by the police ought to be interfered with by the High Court, in exercise of its writ jurisdiction, and it will not be denied that this Court cannot assume the role of the investigating agency and start investigating the case and then make observations and record findings for or against the accused. If, on investigation, the accused is found to be at fault, he would be challaned and made to face trial, and then it would be the function of the trial Court to hold the accused guilty or innocent, which powers of the trial Court, the High Court cannot and should not pre-empt. The accused is a retired Army Officer and an educated person, and also does not seem to be a simpleton. He is not likely to be subjected by the police to any undue harassment or intimidation or even a torture some interrogation. He should have no fears on that score. He would be at liberty to strive to prove that the allegations of his wife, the complainant in the case, are all baseless or fabricated.

4. This Court does not find itself inclined to interfere with the investigation. The petition is dismissed, as being misconceived, as also incompetent.

N.H.Q./Q-21/L Petition dismissed.