Case Details

Citation(s)
2024 SLG 6240 2024 SLD 6240 = 2024 YLR 185
Islamabad High Court
Writ Petition No. 1413-Q of 2022, decided on 27th October, 2022.
Before Tariq Mehmood Jahangiri, J
Mian Nadeem Aziz Jatala for Petitioner. Waqar Hanif Abbasi for
Respondent No.2. Fahad Ali, State Counsel. Fakhar Iqbal, A.S.I.

Malik ZULFIQAR AHMED---Petitioner

VERSUS

The STATE and 2 others---Respondents

Law: Penal Code (XLV of 1860)

Section: 406

Law: Code of Criminal Procedure, 1898

Section: 154,561A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)-------S.406---Criminal Procedure Code (V of 1898), Ss.561-A & 154---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR---Contractual violation---Dispute of civil nature---Petitioner/accused sought quashing of FIR registered against him for non-performance of agreement to sell---Validity--Complainant stated in FIR that he had given money to petitioner/accused for purchase of land and not by way of entrustment---Matter in dispute was purely of civil nature---No limit could put a clog on exercise of inherent powers of High Court to make such orders as could be necessary to give effect in order to prevent abuse of process of any Court or otherwise to secure ends of justice---High Court quashed FIR registered against petitioner/accused---Constitutional petition was allowed, in circumstances.Muhammad Nawaz v. SHO, Police Station, Sabzi Mandi, Islamabad and others 2017 PCr.LJ 133; Shahid Imran v. The State and others 2011 SCMR 1164; State of Gujarat v. Jaswantlal Nathalal AIR 1968 SC 700; Punjab National Bank and others v. Surendra Prasad Sinha 1994 PSC (Crl) 768; Shaukat Ali Sagar v. Station House Officer, Police Station Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900; Ghulam Ali v. Javid and another 1989 PCr.LJ 507; Nga Po Seik v. Emperor 1917 Indian Cases 824; Kornai Lal Dutta v. The State AIR 1951 Cal 206; Badar Ur Islam v. District Police Officer, Faisalabad and 3 others 2007 YLR 2766; Rana Saeed Ullah v. Inspector General of Police and 6 others 2013 YLR 2513; Umair Aslam v. Station House Officer and 7 others 2014 PCr.LJ 1305; Mufti Pervaiz Manzoor v. The State and 2 others 2011 PCr.LJ 1241; Rafiq Haji Usman v. Chairman NAB and another 2015 SCMR 1575; Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122; Raja Haq Nawaz v. Muhammad Afzal and others and Raja Haq Nawaz v. Subedar Sakhi Muhammad and others 1968 SCMR 1256 and Rizwana Bibi v. The State and another 2012 SCMR 94 rel.ORDERTARIQ MEHMOOD JAHANGIRI, J.---Through the instant petition, the petitioner seeks quashing of FIR No.279, dated 04.04.2022, offence under section 406, P.P.C., registered at Police Station Noon,…
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