Law: Criminal Procedure Code (V of 1898)

Section: 265-K,249-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 265-K 249-A--- Constitution of Pakistan, Art. 199---Constitutional petition--- Quashing of FIR---Alternate remedy, availability of--- Effect--- Petitioner invoked the constitutional jurisdiction of High Court for quashing of FIR lodged against him---Validity---Challan of the case had been submitted before the Trial Court---Remedy of quashing of proceedings was not available when alternate remedy in the shape of Ss. 265-K 249-A, Cr.P.C. was available---Quashing of proceedings at early stage was neither permissible nor preferred and every criminal case must be allowed to proceed on its merits---High Court observed that interference at such stage, while exercising its inherent jurisdiction, would amount to pre-empting the powers of Trial Court---Constitutional petition, in the presence of alternate remedy, was dismissed. Akbar Hussain v M.M.K.A. Zai 1968 SCMR 386 and Nasir Ali v. Munshi Mehar Khan PLD 1981 SC 607 ref. Ubaidullah v. The State 2014 YLR 753; Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317 and Bashir Ahmed v. Zafar-ul-Islam and others PLD 2004 SC 298 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Alternate remedy---Scope---High Court before exercising its extraordinary jurisdiction must be satisfied about the non-availability or inefficacy of alternate remedy provided under the law and once it is shown to the satisfaction of the High Court that alternate remedy is expedient and effective then High Court would be reluctant to exercise writ jurisdiction. KSB Pumps Company Ltd. v. Government of Sindh 2011 MLD 1876 ref. ORDER ABDUL HAMEED BALOCH, J.--- Through this petition the petitioner prayed as under:- A) Quash the FIR No. 116 dated: 03/09/2019 under sections 419/420/34, P.P.C., Police Station Zhob lodged against the petitioner in the interest of justice. B) Cancellation of warrant of arrest of the petitioner and transfer of case property excavator issued by the official respondents and to protect the petitioner from agony of dual trial and prosecution in the FIR, which is against the Constitution and natural justice. C) Any other remedy which deems fit by this…

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