| Citation(s) |
|---|
| 2022 SLG 1411 2022 SLD 1411 2022 PCRLJ 638 |
Islamabad High Court
Writ Petitions Nos. 2078, 3109 and 3162 of 2021, decision dated: 23rd November, 2021.
TARIQ MEHMOOD, JAHANGIRI, J
Adil Aziz Qazi and Abdul Rehman Sheikh for the Petitioners in their respective writ petitions. Nazar Hussain Shah, Assistant Attorney General. Malik Khizar Hayat, Additional Direction (Law), FIA, Fazal Akbar, Deputy Director (Law), FIA and Asfandyar, S.I,
Writ Petitions Nos. 2078, 3109 and 3162 of 2021, decision dated: 23rd November, 2021.
TARIQ MEHMOOD, JAHANGIRI, J
Adil Aziz Qazi and Abdul Rehman Sheikh for the Petitioners in their respective writ petitions. Nazar Hussain Shah, Assistant Attorney General. Malik Khizar Hayat, Additional Direction (Law), FIA, Fazal Akbar, Deputy Director (Law), FIA and Asfandyar, S.I,
INAYATULLAH and others
VS
STATION HOUSE OFFICER, FIA CORPORATE CRIME CIRCLE, ISLAMABAD and others
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Quashing of FIR---Alternate and efficacious remedy---Investigation report (Challan), filing ofs sought quashing of FIR registered against them on the plea of mala fide---Validity---Challan/report under S. 173, Cr.P.C. was submitted in Trial Courts had alternate and efficacious remedy of filing petition under S. 265-K, Cr.P.C. for their acquittal at any stage in Trial Court---Constitutional petition was dismissed, in circumstances. Federation of Pakistan through Secretary Ministry of Law, Justice and Parliamentary Affairs Government of Pakistan, Islamabad v. Zafar Awan PLD 2005 SC 19; Federation of Pakistan through Secretary Ministry of Law, Justice and Parliamentary Affairs Government of Pakistan, Islamabad v. Zafar Awan, Advocate, High Court PLD 1992 SC 72; Zafar Awan v. The Islamic Republic of Pakistan PLD 1989 FSC 84; Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276; Director General, Anti Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401; Mst. Kaniz Fatima v. Muhammad Salim 2001 SCMR 1493; Muhammad Abbasi v. Station House Officer, BharaKahu and 7 others PLD 2010 SC 969 and Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066 rel. ORDER TARIQ MEHMOOD JAHANGIRI, JUSTICE:---.--- 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, P.C.A., 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 mala fide 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…
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