Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A--- Constitution of Pakistan, Art. 199--- Constitutional petition---Quashing of FIR---Alternate and efficacious remedy---Petitioners were accused facing investigation against whom FIR was registered and it was in progress---Validity---Legal and factual issues raised by petitioners could be taken in first instance before investigating officer and then even before framing of charge by the Trial Court, if at all Challan would be submitted against petitioners as the Trial Court had the power to discharge petitioners---Petitioners had adequate alternate remedy available and it would be appropriate that petitioners should agitate all such legal and factual points before Trial Court---Constitutional petition was dismissed in circumstances. Khawaja Nazir Ahmed's case AIR 1945 PC 18 and Nasreen Bibi v. Farrukh Shahzad and others Cr.A. No. 280 of 2013 rel. THIS ORDER PASSED BY: ABDUL SHAKOOR, JUSTICE:---.--- Muhammad Shafique and others, petitioners, seek the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C. for quashment of FIR No.127 dated 26.03.2017 under sections 498-B/342/365/506/109, P.P.C. Police Station Oghi. 2. We have heard learned counsel for petitioners and perused the available record with his assistance. 3. In the present case FIR has already been registered against the petitioners and investigation is in progress. At this stage case of the petitioners cannot be considered under Article 199 of the Constitution read with section 561-A, Cr.P.C. Moreover, this Court would refrain from rendering any finding on the merit of the case at this stage, which may prejudice the case of the petitioners in any manner whatsoever and considers that the legal and factual issues raised in the present petition can be taken by the petitioners in the first instance before the investigating officer and then even before the framing of charge by the trial Court, if at all challan is submitted against the petitioner and the learned trial Court has the power to discharge the petitioners. The parameters of Court's jurisdiction were dilated upon as…

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