Law: Pakistan Penal Code, 1860

Section: 440,448

Law: Criminal Procedure Code (V of 1898)

Section: 249-A,265-K,561-A

Penal Code (XLV of 1860) --------- ----------Ss. 440 & 448 --------- Criminal Procedure Code (V of 1898), Ss. 249-A, 265-K & 561-A --------- Quashing of investigation --------- Trespassing --------- Petitioner sought quashing of FIR on the ground that the same was false and concocted just to pressurize and blackmail him to withdraw civil suit filed by the complainant of the FIR --------- Validity --------- Investigation was yet to be completed and there was nothing floating on surface of record to prove that further proceedings in the matter would amount to shattering the safeguard of fundamental rights of petitioner guaranteed under the Constitution --------- Any order passed at such stage would amount to stifling police investigation and hampering the due process of law --------- Petitioner had alternate efficacious remedy in terms of Ss. 249-A & 265-K, Cr.P.C., which could be applied at the appropriate stages, even the same were applicable at the initial stages --------- All such disputed facts required recording of evidence which could only be seen by Trial Court at appropriate stage --------- No jurisdictional defect or violation of law existed to quash proceedings --------- Constitutional petition was dismissed in circumstances. Rana Shahid Ahmad Khan v. Tanveer Ahmed and others 2011 SCMR 1937; Liaqat Ullah Khan v. The State PLD 2015 Pesh. 115 and Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 rel. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE:---------- Through the instant constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought quashment of FIR No. 18/16, dated 18.01.2016, under sections 440, 448, P.P.C., registered with Police Station Sabzi Mandi, Islamabad. 2. As per contents of FIR, respondent No. 2 Ch. Arif Bashir moved written application to police, wherein he has mentioned that he is resident of House No. 805-A, Street No. 77, Sector I-8/3, Islamabad and he as well as her mother are owners of shops Nos. 73 and 74 situated in Sector I-11/4. He is doing business in the said shop for the last 20 years. On 15-11-2015 he was present in his shop…

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