Law: Pakistan Penal Code, 1860

Section: 489-F

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 63,169,173

Penal Code (XLV of 1860)--- ----S. 489-F---Criminal Procedure Code (V of 1898), Ss. 63, 169 & 173---Constitution of Pakistan, Art. 199---Dishonestly issuing a cheque---Petition for quashing of FIR---Scope---Discharge of accused by Police Officer---Release of accused when evidence deficient---Scope---Investigation Officer, after registration of FIR, had the authority to determine the truthfulness or falsehood of allegations levelled against the accused, subject to affirmation of competent court---If Investigation Officer came to the conclusion that the allegations contained in the FIR were incorrect, he could under S. 63, Cr.P.C. refer the matter to the Magistrate for discharge of the accused---Police Officer had also the authority to release accused in terms of S. 169, Cr.P.C., if he came to the conclusion that there was no sufficient evidence or reasonable ground of suspicion to justify the forwarding of accused to the Magistrate---Police Officer could, if such person was in his custody, release him on execution of bond with or without sureties and direct him to appear, if and when required, before the Magistrate empowered to take cognizance of the offence; it was then the Magistrate to pass such order as deemed appropriate under S. 173, Cr.P.C. for discharge of such bond or otherwise as he deemed fit---Said process could not be by-passed by filing constitutional petition for quashing of FIR, as investigation of case was the domain of the Investigating Agency and could not be interfered by High Court under constitutional jurisdiction---Constitutional petition was dismissed, accordingly. Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 and Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 fol. Ghulam Mustafa v. The State 2008 SCMR 75 and Muhammad Ali v. Additional I.-G. Faisalabad PLD 2014 SC 753 ref. THIS ORDER PASSED BY: SYED ARSHAD ALI, J.--- Petitioner through the instant writ petition have approached this Court 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 instant writ petition, the impugned FIR No.1022…

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