Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Constitution of Pakistan (1973)     Art. 199 Criminal Procedure Code (V of 1898), S.154 Constitutional petition Registration of F.I.R. Contention of the petitioner on consideration by the Investigating Agency during the course of investigation was proved false Averments made by the proposed accused in their counter affidavit had gone unchallenged as no rejoinder to it had been filed by the petitioner Entire evidence was available with the petitioner and adequate remedy by way of a direct complaint was also available to him which he could avail before the proper forum provided under the law ¬Constitutional petition was dismissed in circumstances.   1989 PCr.LJ 1129; 1989 PCr.LJ 1945; 1993 PCr.LJ 1286;1999 PCr.LJ 512; PLD 1988 Kar. 521; 1990 PCr.LJ 2006 and 1993 PCr.LJ 1056 ref.   (b) Constitution of Pakistan (1973)     Art. 199 Constitutional jurisdiction Discretion conferred upon High Court under Art.199 of the Constitution cannot be exercised as a matter of right or as a matter of course High Court acts in aid of law and not to hamper the smooth working of the Agencies established by law or to set up any hegemony in itself and thwart the procedural law.   (c) Constitution of Pakistan (1973)     Art. 199 Constitutional jurisdiction Constitutional jurisdiction of High Court is not an additional or alternate jurisdiction High Court can issue writ if the Court is satisfied that no other efficacious or adequate remedy is available under law.   Imdad Ali Awan assisted by Shaikh Amanullah for Petitioner.   S. Mushtaq Hussain Shah for the Proposed Accused.   Sher Muhammad Shar, Asstt. A. G. for the State.   hearing date: 9th February, 2001. JUDGMENT By this Constitutional petition, the petitioner has sought the following relief: ‘(a)To direct respondent 3 to register F.I.R. of the petitioner against the accused and to investigate it according to law. (b)To award costs of the petition. (c)To grant any other relief as deemed fit and proper in the circumstances of the case. ‘ The brief facts as disclosed in the petition are that proposed accused Nazir son of Lal Bux Bhutto and his…

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