Law: Criminal Procedure Code (V of 1898)

Section: 154,156

Law: Pakistan Penal Code, 1860

Section: 34,324,365

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 154--- Constitution of Pakistan, Art. 199--- Constitutional jurisdiction of High Court---Scope---Quashing of FIR---Alternate remedy---Scope---Petitioner sought quashing of FIR which was registered against him, to counter the effect of the FIR which petitioner had got registered against complainant--- Validity--- Factual controversies could not be resolved in constitutional jurisdiction and deviation from normal procedure of law as provided under Ciminal Procedure Code, 1898 was not in consonance with the settled principles---Where alternate remedies provided under the law were available to the petitioner, constitutional jurisdiction could not be exercised---Constitutional petition being, bereft of merits, was dismissed in limine. 2006 SCMR 1192; 2008 SCMR 76 and PLD 2013 SC 401 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 156---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court--- Scope--- Quashing of criminal proceedings---Scope---High Court had limited scope and jurisdiction in the matter of quashing of FIR, while exercising its jurisdiction under Art. 199 of the Constitution---High Court refrained from interference with the police investigation of a criminal case---Criminal cases were decision dated: the basis of material collected by the prosecution during the course of investigation, and the evidence recorded in the Trial Court and that too after appraisal of evidence---High Court could not assume the role of an investigation agency or of a Trial Court to deliberate upon the factual controversies. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Petitioner through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, most humbly prayed that on acceptance of the instant writ petition, the registration of impugned FIR No.951 dated 24.11.2018 under sections 324/34, P.P.C. Police Station City Mansehra against the petitioner and all further proceedings in consequence whereof may please be declared as wrong, illegal, unlawful, without lawful authority, arbitrary,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492