NAEEM AHMAD Versus S.H.O.

1. The facts, in brief, are that Muhammad Iqbal, Constable Police Station Mang Bazar, Faisalabad, moved an application to the D.I.-G., Faisalabad for registration of a case against the accused. On the same day, a direction was issued to the S.S.P. by the D.I.-G, for holding an enquiry. Ultimately, the enquiry was entrusted to the S.D.P.O., Chiniot. On 7-6-1993, after collecting the necessary evidence, the- Enquiry Officer came to the conclusion that the allegations levelled by the complainant against the accused were false. On the same set of allegations, a case under section 380, P.P.C. was registered with Police Station Langrana, District Jhang vide F.I.R. Annexure "A". It is argued by the learned counsel that in view of the clear cut findings 01 the S.D:P.Q. it was not possible for the subsequent Police Officer to .register a case under section 380, P.P.C. vide Annexure "A" against the petitioner. At the very outset, the learned Additional Advocate-General states that he would have no objection if the impugned F.I.R. vide Annexure "A" is quashed because there was no justification to register a case on the allegations which were earlier found to be false by the S.D.P.O. This being so, the registration of the impugned F.I.R. vide Annexure "A" against the petitioner is hereby, declared to be without lawful authority and of no legal consequence. The same is quashed. The petition succeeds and is allowed.

2. N.H.Q./N-259/L Petition allowed.