Habib Barkat vs Naeem Khilji IO/IP Police Station Berote Hub Ss — 2025 PCrLJ 453 QUETTA-HIGH-COURT-BALOCHISTAN

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Habib Barkat VS Naeem Khilji IO/IP Police Station Berote Hub Ss. 561-a & 169---Release of accused when evidence deficient---Scope---Petitioner assailed the discharge of accused persons by the Investigating Officer---Held, that petitioner had lodged an FIR against the accused persons under Ss. 395 & 365, P.P.C., with the allegation that accused/respondents forcibly kidnapped his drivers and took away the trucks for extortion---Record showed that the Investigating Officer arrested the accused/respondents in the Court premises after rejection of pre-arrest bail application---Thereafter, the Investigating Officer obtained physical remand of accused/respondents from the concerned Court and recorded the statements of drivers under S.164, Cr.P.C, before the Judicial Magistrate, wherein, they did not disclose the names of the culprits and did not implicate the accused/respondents in their abduction---In the meantime, three persons submitted their affidavits in support of the plea of alibi taken by accused/respondents---as per crime report, a cognizable offence had been committed and specific role of snatching of trucks was levelled against accused/respondents but the Investigating Officer instead of making efforts to investigate said accused/respondents and recover the alleged snatched trucks, only relied upon the affidavits of three persons and discharged accused/respondents under S.169, Cr.P.C, on plea of alibi---It was evident from the record that initially, the Trial Court made a tentative assessment of material available on record including the statement of the drivers of alleged snatched trucks and prima facie found the involvement of accused/respondents in the occurrence, thus declined the pre-arrest bail vide order dated 31.05.2023---On 02.06.2023, the Investigating Officer received affidavits of three persons, supporting the plea of alibi taken by accused/respondents---Investigating Officer without proper investigation and verification of contents of affidavits discharged accused/respondents on the plea of alibi, which was beyond the parameters of S.169, Cr.P.C---Bounded duty of the Investigating Officer, was to probe and investigate the case and dig out the truth by following the Police Rules, 1934, but in the presentcase, the Investigating Officer had not adopted the procedure provided under the Rules, 1934 and acted arbitrarily---Moreover, during the pendency of the instant petition, notice was issued to the Investigating Officer with the direction to submit progress in the instant case---In compliance with the said order, a report was submitted which reflected that an alleged snatched truck was recovered from the possession of a driver---Provision of S.169 ,Cr.P.C, demonstrated that powers conferred in the said provision could not be invoked, if prima facie indiscriminate evidence was available on record to connect an accused in the commission of the alleged offence---Plea of alibi would be ascertained after adducing evidence of respective parties at the trial, which was the exclusive jurisdiction of concerned criminal Court, thus the action of Investigating Officer was illegal, perverse, and arbitrary---Petition was allowed, in circumstances, by setting aside the order of the Investigating Officer.

Habib Barkat vs Naeem Khilji IO/IP Police Station Berote Hub Ss — 2025 PCrLJ 453 QUETTA-HIGH-COURT-BALOCHISTAN

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