Law: Criminal Procedure Code (V of 1898)

Section: 154,403

Law: General Clauses Act, 1897

Section: 26

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 406/420/468/471

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 403 & 154---Penal Code (XLV of 1860), Ss. 406/420/468/471---General Clauses Act (X of 1897), S. 26---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of F.I.R:---.---Registration of two F.I.Rs. surfacing from the same transaction and containing almost similar allegations---Legality---Accused/petitioner allegedly defrauded the complainant in respect of transfer of a property---Accused contended that prior to lodging of present F.I.R. registered under S.406, P.P.C., complainant managed registration of another F.I.R. under Ss. 420, 468 and 471, P.P.C. on the same issue, therefore, proceedings in present F.I.R. were in violation of S. 403, Cr.P.C. and S.26 of General Clauses Act, 1897---Validity---Contents of present F.I.R. and the one registered earlier showed that both of F.I.Rs. surfaced from the same transaction and contained almost similar allegations---No person/authority could be allowed to curtail the liberty of any person on the basis of same accusations-Registration of present F.I.R. was an example of arbitrary exercise of authority and abuse of process of law---Constitutional petition was allowed and present F.I.R. was quashed. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope-Unlawful acts of police officials---High Court in its constitutional jurisdiction had discretion to declare any act of police officials to be without lawful authority. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Quashing of F.I.R:---.---High Court could quash an F.I.R. in its constitutional jurisdiction where police/authorities had no jurisdiction to register the F.I.R., or where no offence was constituted from admitted contents of the F.I.R., or where contents of F.I.R. showed that matter was purely of civil nature. 1993 SCMR 71; 2000 SCMR 122 and 2012 SCMR 94 rel. 1996 SCMR 186; 2006 SCMR 276 and 2001 SCMR 1165 ref. THIS ORDER PASSED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE:---.--- Through instant petition, petitioner AbdulMajeed seeks quashment of F.I.R. No. 350, dated 4-7-2012 under section 406, P.P.C.,…

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