| Citation(s) |
|---|
| 2011 SLG 2076 2011 SLD 2076 2011 YLR 366 |
Sindh High Court
C.P. No. D-787 of 2010, decided on 4th May, 2010
AMIR HANI MUSLIM AND SYED ZAKIR HUSSAIN, JJ
Moulvi Iqbal Haider for Petitioner. Muhammad Noman Khan for
Respondents Nos. 2 to 6
C.P. No. D-787 of 2010, decided on 4th May, 2010
AMIR HANI MUSLIM AND SYED ZAKIR HUSSAIN, JJ
Moulvi Iqbal Haider for Petitioner. Muhammad Noman Khan for
Respondents Nos. 2 to 6
MUHAMMAD SHAHID
VS
STATION HOUSE OFFICER (PS Preedy) and others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199--Constitutional petition---Petitioner had sought declaration to the effect that presentation of cheques by the respondents before the Bank, was mala fide and in violative of order passed in civil suit---High Court in exercise of constitutional jurisdiction could not grant declaration of a nature, when subject matter of relief sought by the petitioner, was already subject matter of suit---In order to grant such a relief, which was based on question of facts, a finding could not be given without 'recording evidence of the parties, which could not be done in constitutional jurisdiction of High Court. (b) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), S.154---Constitutional petition---Registration of criminal case---Petitioner had prayed that S.H.O. concerned be directed not to register F.I.R. on the basis of cheques in question; and that if registered, the petitioner should not be arrested till final decision of the petition---Relief sought by the petitioner, was not warranted in law as no restraining order could be passed against a party from approaching a forum for redressal of its grievance---Section 154, Cr.P.C. provided that any party could approach the Incharge of a Police Station, get his statement recorded, the contents of which disclosed cognizable offence, the In charge of Police Station would be bound to reduce same in writing and register the case---Relief sought by the petitioner could not be granted, in circumstances. (c) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), 5.498-A---Constitutional petition---Bail before arrest---Petitioner had prayed that necessary bail be granted to him---No occasion existed to grant bail to the petitioner, who apprehended his arrest when there was no F.I.R.---Even otherwise the petitioner was required to approach the appropriate forum under S.498-A, Cr. P. C. for bail---Relief prayed for by the petitioner, being misconceived was denied, in circumstances. ORDER The petitioner claims that he has filed a suit against respondents Nos. 2 to 9 in this Court, which is numbered as 374 of 2010. Copy of the suit has been…
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