Law:

Section:

Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S.379---Constitutional petition---Theft---Quashing of F.I.R.---Contention of petitioner was that civil litigation on the subject-matter was pending before High Court---Validity---Challan had already been submitted in the court of competent jurisdiction---Factual controversy was involved between the parties---Petitioner was at liberty to file an application before trial court where challan was pending and the same should be decided on merits and in accordance with law---Constitutional petition was disposed of, accordingly. ORDER MANZOOR AHMAD MALIK, J.---Learned counsel for the petitioner, in support of his petition, contends that civil litigation between the parties is pending regarding the same matter before this Court; that the petitioner is admittedly owner of the property; that in view of this situation, even the registration of the F.I.R. is against law and the subsequent proceedings on the basis of the F.I.R. will be sheer abuse of law; that the bare reading of the F.I.R. does not make any offence under section 379, P.P.C. or under any provisions of law because lifting of crop from one's own land is no crime, therefore, the instant F.I.R. is liable to be quashed. 2. On the other hand, learned Law Officer under instructions from the police officer present in court and after perusal of the record states that the…

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