DRAWDY DESIREE MARIE Versus STATE
ORDER
Through this Constitutional petition Muhammad Hayat seeks issuance of a writ of this Court to declare that the case F.I.R. No.6/92 dated 10-1-1992 registered under section 420/406, P.P.C. at Police Station Tibbi, District Mianwali against the petitioner as being without any lawful authority and thus having no legal effect.
2. According to the, petitioner he purchased a Toyota Hilux Pick-up, Wagon No.7095-DNB for a consideration of Rs.3,15,000 from respondent No.3. At the time of bargain an amount of Rs.1,00,000 (one lac) was to be paid to respondent No.3 and rest of the amount was to be paid through monthly instalments at the rate of Rs.4,000 each. It was also stated that on 28-10-1992, the petitioner further paid Rs.80,000 and thereafter he made the whole payment of the said vehicle. In spite of the price of the vehicle having been received respondent No.3 did not execute the transfer letter in favour of the petitioner but instead he approached Muhammad Adam Khan Niazi, Inspector of Police Station Nawankot, Lahore who captured the wagon. It is also the case that, in fact, respondent No.2 in connivance with respondent No.3 in order to deprive the petitioner from the said wagon got a false case registered against the petitioner at Police Station Tibbi, District Mianwali under section 420/406, P.P.C. with the allegation that actually the petitioner had committed the fraud upon respondent No.3 and without making the payment of the remaining instalments fabricated the receipts of the payment of the sale price of the vehicle and also some other favourable documents.
3. Under the direction of this Court S.H.O./Investigating Officer has appeared in Court today alongwith the record. He states that actually the petitioner had committed fraud upon respondent No.3 as he had paid only Rs.10,000 and took over the Wagon No.7095-DNB from respondent No.3 with the promise to make the payment of the remaining price. He did not pay single penny out of Rs.3,15,000 and rather fabricated some documents to show the payment of the price to the respondent and also to get it transferred in his name. It was also submitted by him that since 10-1-1993 the petitioner is absconding and has not joined the police investigation. He has been declared proclaimed offender and the proceedings under section 86/88, Cr.P.C. have been taken against him.
4. I have heard the learned counsel at some length and have also gone A through the record. I find that one Mattaullah Khan respondent N o.3 got the above-said case registered against the petitioner stating therein that he sold Toyota Hilux Pick-up to the petitioner on 24-8-1992 and obtained Rs.10,000 as the earnest money. It was also agreed that the petitioner shall pay Rs.4,000 instalment after every one month. It is also urged that the petitioner did not i pay a penny after paying Rs.10,000 since 24-8-1992 and rather he disappeared alongwith the wagon. According to the police he is still absconding and has been declared as P.O. in the case. I do not find it a fit case for the issuance of writ of this Court because the petitioner has not approached this Court with clean hands. If a case has been registered against him he should have joined the investigation and got his version recorded before the police if that was truthful. No mala fides has been brought on the record of police or that of respondent No.3 to falsely involve the petitioner in this case. Even otherwise the High Court refrains to interfere at the stage of investigation of a criminal case. I do not find any substance in this petition, so the same is, therefore, dismissed in limine.
N.H.Q./M-1424/L ?????????????????????????????????????????????????????????????????????????????????????????? Writ refused.