Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 406 & 506---Bonded Labour System (Abolition) Act (III of 1992), S.4(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of F.I.R.---Amount in question, according to F.I.R. had been given to the accused by the respondents Brick Kiln owners as "Paishgi" (advance) for extracting labour from them and their companions---Description of the said "Paishgi" amount as "Amanat" in the F.I.R. would not change its nature and any such agreement or contract between the parties in that respect was void under S.4(2) of the Bonded Labour System (Abolition) Act, 1992---Admittedly two, motets prior to the registration of the case Habeas Corpus petition had been filed concerning the accused and their companions against the respondents and hence registration of F.I.R. against the accused on the application of the respondent was clearly mala fide and continuing with the proceedings of the criminal case would certainly be an abuse of the process of law resulting in wastage of time---Even on admitted facts no offence could be made out against the accused as the dispute was entirely of civil nature which- with ulterior motives had been converted into criminal proceedings---Since, the accused had also sought a declaration, that the registration of the F.I.R. was without lawful authority, therefore, filing a petition for a writ of certiorari was the most appropriate remedy---High Court in exceptional cases like the present one was competent to quash an F.I.R. and the ensuing proceedings, even if the challan might have been submitted before the Trial Court---Registration of the impugned F.I.R. and the proceedings initiated thereon were declared to be without arty lawful authority and were quashed accordingly. Miraj Khan v. Gul Ahmad and 3 others 2000 SCMR 122; Iftikhar Ahmad and another v. S.H.O. and 2 others PLD 2001 Lah. 399: Darshan Masih alias Rehmatay and others v. The State PLD 1990 SC 513; Arif Rafique v The State 1992 PCr.LJ 679; Sheikh Mahmood Saeed and others v. Ameer Nawaz Khan and another 1996 SCMR 839 and Ghulam Muhammad v. Muzammal Khan and 4 others PLD 1967 SC 317 ref. (b) Constitution of Pakistan…

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