Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 436 & 34---Constitution of Pakistan, Art. 199---Criminal Procedure Code (V of 1898), S. 561-A---Mischief by fire or explosive substance with intent to destroy house etc., common intention---Constitutional petition for quashment of proceedings---Alternate remedy---Scope---Factual controversy---Effect---Counter First Information Reports---Both the parties sought quashment of cases registered against them---Subject matter in both the petitions was one and the same (cattle shed which was allegedly set on fire)---Both the parties were claiming its ownership and had leveled allegations against each other in their respective FIRs regarding its setting on fire---Factual controversies involved in the present petitions could not be resolved in constitutional jurisdiction by High Court nor deviation from the normal procedure of law as provided under the Cr.P.C. could be made---Alternate remedies provided under the law were available to the petitioners, thus constitutional jurisdiction could not be exercised---High Court pointed out the required procedure to be adopted by the parties and dismissed the constitutional petitions in limine. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- Through this single judgment, this Court shall dispose of two writ petitions, both being arising out of two FIRs regarding the same occurrence and having common question of law and facts involved therein. The particulars of the writ petitions are as under: (i) Writ Petition No. 490-A/2017 Mst. Robina and others v. District Police Officer and others. (ii) Writ Petition No. 504-A/2017 Shazada Fahad v. The State and another. 2. In the first writ petition, Mst. Robina and three others, petitioners seek quashment of case FIR No. 35 dated 15/02/2017 under sections 436/34, P.P.C. registered against them in Police Station Khaki, Mansehra, on the report of respondent No. 3/complainant (petitioner in W.P. No. 504-A/2017) and in the second writ petition, Shazada Fahad seeks quashment of FIR No. 49 dated 17.03.2017 under sections 436/34, P.P.C., Police Station Khaki, Mansehra, registered against him and others on the report of…

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