Case Details

Citation(s)
2010 SLG 1309 2010 SLD 1309 2010 MLD 1722
Lahore High Court
Writ Petition No. 7157 and C.Ms. Nos. 1, 2 and 3 of 2010, decision Dated: 19-04-2010.
CH. IFTIKHAR HUSSAIN, JUSTICE
Petitioner(s) by: Mian Subah Sadiq Klasson

MUHAMMAD MANSHA

VS

D.P.O., KASUR AND 8 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Constitution of Pakistan (1973)--- ----Art. 199---Penal Code (XLV of 1860), Ss.420, 468 & 471---Cheating, forgery and using as genuine a forged document---Petition for quashing of F.I.R.---Contention for quashing of F.I.R. raised in the constitutional petition was a matter requiring inquiry or probe and providing the parties opportunity of adducing evidence in support of their respective assertions---Such an exercise could not be undertaken in the constitutional jurisdiction of High Court and it would be too much to do so here at such a stage in cursory way---Regarding the question of disagreeing of the Magistrate to the Police report of his discharge from the case, Magistrate had advanced reasons for the same---Magistrate had observed that accused was nominated in the F.I.R. and the allegation of committing fraud of huge amount had been levelled against him, thus he did not find any ground to discharge him---Nothing perverse to the same had been urged or shown---No ground was shown to interfere with such order of the Magistrate---Interference declined by High Court. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- Petitioner. Muhammad Mansha by way of the instant constitutional petition has sought for quashing for F.I.R. No.542 registered under sections 420,468 and 471, P.P.C. with Police Station Kanganpur, Tehsil Chunian, District Kasur against him and respondents Nos.6 to 9 at the written application of respondent No.4 on 18-10-2009 and to set aside the order dated 23-11-2009, recorded by the learned Magistrate Ist Class, Chunian/respondent No.1-A. 2. Briefly the facts relevant for the disposal of the instant petition are that respondent No.4 made an application for registration of criminal case against the persons mentioned therein including the petitioner. On the same, the above said case was registered. The petitioner has come to this Court with the instant petition seeking quashing of the F.I:R. 3. It has been argued on his behalf that he and others accused in the case are innocent; that they have committed no fraud and forgery; that the said F.I.R. against him and others is sheer result of malice of the…
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