Case Details

Citation(s)
2015 SLG 2944 2015 SLD 2944 2015 PCRLJ 1514
Lahore High Court
Writ Petition No. 14337 of 2014, decided on 23rd October, 2014
MAHMOOD AHMAD BHATTI, J
Muhammad Waseem Khan Jaskani for Petitioner. Jameel Hussain for
Respondent. Shoukat ASI

MUHAMMAD NAWAZ

VS

The STATE and 2 others

Law:

Section:

Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), S.22-A---Constitution of Pakistan, Art.199---Constitutional petition---Dishonestly issuing a cheque---Registration of case ordered by Justice of Peace---Petition for quashing of said order---High Court suspended operation of impugned order of Justice of Peace---Police had purportedly complied with order passed by Justice of Peace and registered FIR, without realizing that operation of that order had already been put on hold---Restraining order passed by a court, would go into effect, the very moment it was passed, regardless of the fact, whether the same was conveyed to quarters concerned or not---Plea of SHO that injunctive order passed by the High Court in constitutional petition was not communicated to him at the time of registration of FIR in question, was of no avail to him---Injunctive order was passed by High Court at 8-30 am., and in view of distance between the court and the Police Station, argument that the order was not duly conveyed to SHO, could not be accepted---FIR having been registered in contravention of lawful order passed by the High Court, could not be allowed to stand---Registration of FIR being abuse of process of law, was quashed, in circumstances. Din Muhammad and 2 others v. Abdul Rehman Khan 1992 SCMR 127 rel. ORDER MAHMOOD AHMAD BHATTI, J.--Muhammad Nawaz, the petitioner has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking to quash FIR No.376/14 dated 1-10-2014 registered under section 489-F, P.P.C. at Police Station Civil Lines, District Dera Ghazi Khan. 2. As it is, an Additional Sessions Judge/Ex-officio Justice of Peace, Dera Ghazi Khan ordered the registration of case against the petitioner vide order dated 26-9-2014. The petitioner assailed the aforesaid order by instituting Writ Petition No.13401/14. It came up for hearing on 1-10-2014, and the operation of the impugned order dated 26-9-2014 was suspended. 3. In utter disregard of the order dated 1-10-2014 passed by this Court, FIR No.376/14 was registered at Police Station Civil Lines, Dera Ghazi Khan. The police purportedly complied with…
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