Law: Frontier Crimes Regulation (III of 1901)

Section: 4,8

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2

Frontier Crimes Regulation (III of 1901)-------Ss. 4 & 8---Civil Procedure Code (V of 1908), O.VII, R. 2--�Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for recovery of amount---Issuance of warrant of arrest---Some amount being outstanding against petitioner, respondent instituted suit for recovery of said amount in Civil Court at Peshawar---Respondent later on filed application before respondent Additional District Magistrate under Frontier Crimes Regulation, 1901 on which District Magistrate issued warrant of arrest against petitioner and attempt was also made by police to arrest him---Validity---Dispute between petitioner and respondent had arisen at Peshawar and civil suit regarding the same was pending at Peshawar which was to be decided on its own merits---�Warrant issued by the Deputy Commissioner was not executable at Peshawar as it was not covered by provisions of S. 8 of Frontier Crimes Regulation, 1901---Constitutional petition was accepted in circumstances. JUDGMENT SALIM KHAN J.---Khawaja Muhammad Shabir, petitioner, submitted through the present writ petition that some amount of Muhammad Siddique was outstanding against him, that respondent No. 1 instituted suit No.559/1 for the recovery of said amount in the Court of Civil Judge Peshawar, that respondent. No. 1 later on filed an application before respondent No.2 under the Frontier Crimes Regulation, 1901, on which the latter issued warrant of arrest against the petitioner, and that an attempt was also made by the police to arrest the petitioner. 2. The present writ petition was admitted to full hearing, vide order dated 26-5-2004, with notice to the respondents and, in the meanwhile, the warrant of arrest issued against the petitioner by respondents No.2 was directed to be suspended. We heard M/s Jehanzeb Khan, Advocate, for the petitioner, Pir Liaqat Ali Shah, Additional Advocate-General for respondents Nose and 3, while respondent No. 1 has already been placed ex parte vide order dated 4-10-2004 and perused the record. 3. Subsection (1) of section 8 of the Frontier Crimes Regulation, 1901, is to the effect that where the Deputy…