Law: Penal Code (XLV of 1860)

Section: 430/427/186/506

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----Ss. 430/427/186/506---Constitution of Pakistan, Art.199---Mischief by injury to works of irrigation, mischief causing damage to amount of fifty rupees or upwards, obstructing public servant in discharge of public functions and criminal intimidation---Constitutional petition for quashing of F.I.R.---Petitioner had also prayed for staying the proceedings---Validity---High Court had no jurisdiction, whatsoever to take role of Investigating Agency and to quash the F.I.R., while exercising its constitutional powers under Art.199 of the Constitution unless and until exceptional circumstances existed---In the present case, prima facie, an offence was alleged to have been committed by petitioner; and determination of his guilt or otherwise totally depended upon the production of evidence during trial---Quashing of F.I.R. during investigation tantamounted to throttling investigation, which was not permissible in law---Trial against the petitioner was in progress; the best course available to petitioner was to approach the court of competent jurisdiction through an alternate remedy under S.249-A, Cr.P.C.---Impugned F.I.R. and the proceedings being conducted thereon could not be quashed as same were neither coram non judice nor being conducted in violation of the procedure or amounted to abuse of the process of law---Constitutional petition was dismissed. JUDGMENT SH. AHMAD FAROOQ, JUSTICE:---.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed that F.I.R. No. 236, dated, 3-8-2003, registered in Police Station, Sukheke, under sections 430/427/186/506, P.P.C. may be quashed. The petitioner has also prayed for staying the proceedings being conducted in furtherance to the registration of the impugned F.I.R. 2. The necessary facts for proper adjudication of the lis in hand are that respondent No.3 who is posted in his native town nourished a grudge against the petitioner as he had filed Writ Petition No. 13418 of 1997 in the Lahore High Court, Lahore against respondents Nos. 1 to 5 in addition to submitting complaints before the competent authority regarding…

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