| Citation(s) |
|---|
| 2015 SLG 2478 2015 SLD 2478 2015 PLD 54 |
Balochistan High Court
Constitutional Petition No. 891 of 2014, decided on 30th December, 2014. heard on: 16h December, 2014.
MUHAMMAD NOOR MESKANZAI, CHIEF, JUSTICE AND MUHAMMAD HASHIM KHAN KAKAR, JUSTICE
Saim Hashim and Zahra Sehr Vayani for Petitioners. Abdul Latif Kakar, Asstt. A.G. for
Respondents.
Constitutional Petition No. 891 of 2014, decided on 30th December, 2014. heard on: 16h December, 2014.
MUHAMMAD NOOR MESKANZAI, CHIEF, JUSTICE AND MUHAMMAD HASHIM KHAN KAKAR, JUSTICE
Saim Hashim and Zahra Sehr Vayani for Petitioners. Abdul Latif Kakar, Asstt. A.G. for
Respondents.
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. THROUGH ATTORNEY AND another
VS
PROSECUTOR GENERAL, Quetta AND 7 OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 185(2)---.---Proceedings before two courts---.---Interference by High Court---.---Principle---.---Sine qua non for interference by High Court under S.185(2), Cr.P.C., is as to where proceedings were first commenced. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 185(2)---.---Proceedings before two courts---.---Earlier commencement, principle of---.---Interference by High Court---.---Scope---.---Where two or more subordinate courts taking cognizance of same offence are not subordinate to same High Court, therefore, to eliminate possible confusion and conflict, principle of earlier commencement has been enjoined. (c) Criminal Procedure Code (V of 1898)---.--- ---.----S. 185(2)---.---Proceedings before two courts---.---Interference by High Court---.---Considering factors---.---Factum of earlier commencement may be one of such considerations but not the only consideration for exercising discretion of High Court conferred under S.185(1), Cr.P.C.---.---Question of convenience and other peculiar factor of case may be a material consideration for exercising such discretion. (d) Criminal Procedure Code (V of 1898)---.--- ---.----S.185---.---Constitution of Pakistan, Art.199---.---Constitutional petition---.---Multiple FIRs for one occurrence---.---Quashing of FIRs---.---Principle---.---Large number of FIRs were got registered against petitioners all over the country for one and the same occurrence---.---Petitioners sought quashing of FIRs pending before different courts subordinate to the High Court---.---Validity---.---Court had to examine facts and circumstances giving rise to all FIRs and test of sameness was to be applied to find out whether all FIRs related to same incident in respect of same occurrence or were in regard to incidents which were two or more parts of the same transaction---.---If answer was in the affirmative, second or remaining FIRs were liable to be quashed---.---In case, contrary was proved, where version in second FIR was different and they were in respect of two different incidents/crimes, second FIR was permissible---.---Manner in which number of FIRs were got registered,…
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