| Citation(s) |
|---|
| 2017 SLG 241 2017 SLD 241 2017 PLJ 8 |
Peshawar High Court
W.P. No. 1287-P of 2016, decided on 8.6.2016, heard on: 8.6.2016.
NISAR HUSSAIN KHAN, JUSTICE AND MS. MUSARRAT HILALI, JUSTICE
Mr. Noor Alam Khan, Advocate for Petitioner. Mr. Mueenuddin Humayoon, AAG for State. Mr. Naqeeb Ahmad Takkar, Advocate for
Respondent No. 6.
W.P. No. 1287-P of 2016, decided on 8.6.2016, heard on: 8.6.2016.
NISAR HUSSAIN KHAN, JUSTICE AND MS. MUSARRAT HILALI, JUSTICE
Mr. Noor Alam Khan, Advocate for Petitioner. Mr. Mueenuddin Humayoon, AAG for State. Mr. Naqeeb Ahmad Takkar, Advocate for
Respondent No. 6.
HAJI LAL MUHAMMAD
VS
STATE THROUGH ADVOCATE GENERAL OF KPK AND 5 others
Law:
Section:
Constitution of Pakistan, 1973---- --------Art. 199----Pakistan Penal Code, (XLV of 1860), Ss. 489-F, 406 & 34----Quashing of FIR----Cheque was not issued towards repayment of loan----Dispute was of civil nature----Question of whether any offence had been constituted as per admitted record and consequently----Whether FIR could have legally been registered----Validity----It was money dispute which was purely of civil nature, hence parties were advised/recommended to have recourse to Court of law and thus matter was close by D.R.C.----Matter was decided in haphazard manner and because actual facts were not brought before jury members, thus earlier decision was recalled and directed to pay disputed amount within one month after recovery----In case of default, complainant would be entitled to get a case registered against both brokers for committing fraud and cheating----At same time, SHO P.S. was directed to register case on submission of complaint----When no offence as per allegation of FIR is made out or when it has been registered by illegal exercise of authority, High Court may step in and quash same to save innocent from rigors of unjustified arrest, remand and incarceration----Direct allegations against accused for criminal intimidation which requires investigation and may be decided by competent Court of law after recording evidence----No question of law or illegal exorcise of authority has been pointed out in registration of case. Police Order, 2002 (XXXII of 2002)---- --------Art. 168-A----Constitution of Pakistan, 1973, Art. 199----Pakistan Penal Code, (XLV of 1860), Ss. 489-F, 406 & 34----Quashing of FIR----FIR was registered on direction of D.R.C.----Out of Court amicable settlement of petty nature----Dispute, Resolution Councils are constituted under Art. 168-A of Police Order 2002----Provincial Police Officer for out of Court amicable settlement of potty nature cases may constitute D.R.C.----Mandate of D.R.C. is very much evident from Article itself that it may intervene between parties for amicable settlement of petty nature cases. [P. 13] C Limitation of Act, 1908 (IX of 1908)---- --------S. 3----Issuance of cheque----Cheque was not issued…
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