Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution of Pakistan, 1973, Art. 199--Quashment of FIR--Fraudulent allotment of plot--Conducting of inquiry--Submission of challan in trial Court--Availability of sufficient evidence against petitioner--Alternative remedy--Maintainability--Challan under Section 173 Cr.P.C has been submitted in trial Court; FIR has been registered after conducting an inquiry; sufficient evidence is available against petitionerss have alternate and efficacious remedy of filing petition u/S. 265-K, Cr.P.C for acquittal at any stage in trial Court--Petition dismissed. 2006 SCMR 276, PLD 2013 SC 401, 2001 SCMR 1493 and PLD 2010 SC 969 ref. ORDER By way of this single order, I intend to decide the above captioned three writ petitions, having common questions of law and facts. 2. The petitioners are seeking quashing of FIR No. 03/2021, dated 26.04.2021, offence under Sections 420, 468, 471, 477-A, 109, 34, P.P.C. read with Section 5(2)47 PCA, 1947, registered at Police Station F.I.A. Corporate Crime Circle, Islamabad. 3. It is alleged that the petitioners/accused in connivance with co-accused made fraudulent allotment of plot in Capital Development Authority, file of the plot was prepared/duly constructed in back dates. All process/procedure adopted in CDA from scratch was fraudulent, bogus and with malafide intentions for the purpose of pecuniary advantages, and by flouting all rules, regulations, SOP, CDA Property Manual, the accused persons caused a loss of millions to national exchequer for pecuniary advantages, hence the instant FIR. 4. learned counsel for the petitioners inter alia contends that the petitioners are innocent; instant FIR has been registered with malafide intentions and by ulterior motives just in order to extract undue benefits from the petitioners, in order to harass and humiliate them; allotment letters which are alleged to be forged and unlawful are still intact and have not been cancelled by the competent authority, therefore it cannot be alleged that a crime has been committed until and unless the same have been cancelled by the competent authority/CDA; if at all any allotment has wrongly been…

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