Case Details

Citation(s)
2014 SLG 1100 2014 SLD 1100 2014 MLD 146
Lahore High Court
Writ Petition No.20837 of 2013, decision dated: 2-09-2013.
MISS AALIA NEELUM, J
Ms. Rabbiya Bajwa for Petitioners. Muhammad Maqsood ul Hassan, Assistant Advocate Geneal with Faiz Ahmad, A.S.-I. for the State. Mian Muhammad Mudassar Bodla for
Respondent No. 2.

JAHANGIR CHEEMA

VS

STATION HOUSE OFFICER, SARGODHA and another

Law:

Section:

Penal Code (XLV of 1860)----Ss. 324, 427 & 279---Criminal Procedure Code (V of 1898), Ss.249-A & 561-A---Attempt to commit Qatl-e-amd, mischief causing damage to the amount of fifty rupees and rash driving or riding on a public way---Petition for quashing of F.I.R.---Investigation pending---Inherent powers of High Court---Scope---Accused sought quashing of F.I.R. on the plea that F.I.R. was lodged with mala fide and due to political rivalry---Validity---Facts revealed in F.I.R. disclosed some private vengeance on both the parties; it would be premature to say that allegations were genuine or otherwise, as the investigation was still in pipeline---Matter was at initial stage of investigation and case had not yet been sent to competent court---If case after investigation was sent to court for trial and accused were challaned, they could avail remedy before Trial Court by filing application under S. 249-A, Cr.P.C.---Petition was dismissed in circumstances. Col. Shah Sadiq v. Muhammad Ashiq 2006 SCMR 276; Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 and Dr. Ghulam Mustafa v. The State and others 2008 SCMR 76 rel. ORDER MISS AALIA NEELUM, J.---Through the instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C. the petitioners have prayed that F.I.R. bearing No.292 dated 27-7-2013, offence under sections 324/427/279, P.P.C. registered against the petitioners at Police Station Cantt., Sargodha be quashed. 2. Briefly, the facts out of which present petition arises are that the petitioners are accused in Crime Report No.292 dated 27-7-2013 for offences under sections 324, 427, 279 P.P.C. registered at Police Station Cantt, Sargodha. According to the petitioners, this crime report was registered against the petitioners on the basis of political victimization as complainant is son of sitting MNA of ruling party whereas the petitioners are close relatives of rival party. 3. It has been argued by the learned counsel that the petitioners have not committed any offence as alleged in the F.I.R. and the same had been lodged with intend…
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