Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 249-A/265-K

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468 , 471--Criminal Procedure Code, 1898, S. P.C. 249-A/265-K--Constitutional petition--Jurisdiction--Investigation--Statutory Right--Alternate Remedy--Registration of case--Challenge to--The prosecution has to prove that whether incident has taken in the same manner as stated by the petitioner would necessarily call for holding of a factual inquiry and the said exercise cannot be conducted by this Court in present writ petition through summery proceedings under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. After registration of the case, investigation of a case is a statutory right of the police and the Courts are always reluctant in interfering has an alternate remedy by way of filing application under Section 249-A/265-K, Cr.P.C., if challan is submitted before Court of competent jurisdiction--It would be premature to say that allegations are genuine or otherwise, as investigation is still in progress--However, if case after investigation is sent to Court for trial and petitioner is challaned, she can avail remedy before trial Court by filing an application under Section 249-A/265-K, Cr.P.C. for her acquittal--Petition was dismissed. ORDER Through the constitutional petition filed in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has prayed that F.I.R Bearing No. 1274 of 2020, dated 25.11.2020, offence under Sections 420/468/471, P.P.C., registered against the petitioner at Police Station Khurrianwala, District Faisalabad be quashed. 2. Arguments heard and record perused. 3. The questions of facts raised by the petitioner in the instant petition can only be adjudicated by producing the evidence before a Court of competent jurisdiction. Even otherwise, the prosecution has to prove that whether incident has taken in the same manner as stated by the petitioner would necessarily call for holding of a factual inquiry and the said exercise cannot be conducted by this Court in present writ petition through summery proceedings under Article 199 of the Constitution of Islamic Republic of Pakistan,…

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