| Citation(s) |
|---|
| 2026 SLG 4809 = 2026 SLD 4809 = 2025 PLJ 235 |
Peshawar High Court, Mingora Bench
W.P. No. 1461-M of 2022 with C.Ms. 2558-M & 2559-M of 2022
Presented By: Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ.
Ch. Sajid Abdullah Sraa, Advocate for Petitioner. Date of hearing: 26.1.2023.
W.P. No. 1461-M of 2022 with C.Ms. 2558-M & 2559-M of 2022
Presented By: Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ.
Ch. Sajid Abdullah Sraa, Advocate for Petitioner. Date of hearing: 26.1.2023.
GHULAM MUSTAFA--Petitioner
VERSUS
STATE and 2 others--Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code of Criminal Procedure, 1898
Section: 561-A
Law: Pakistan Penal Code (PPC),1860
Section: 489-F
Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Registration of FIR--Cheque dishonoured--Agreement (iqrarnama)--Quashment of FIR--Power of High Court--Issuance of specific amount cheque on different date--It is a settled law that High Court could neither act as an investigator nor could control investigation or any proceedings pending before a competent Court of law--Courts have right to interpret law and High Court had no jurisdiction whatsoever to take the role of investigating agency--Petition dismissed. [Para 6] A & B Ch. Sajid Abdullah Sraa, Advocate for Petitioner. Date of hearing: 26.1.2023. Judgment Dr. Khurshid Iqbal, J.--A criminal case vide FIR No. 340 of 31.08.2021 has been registered against Ghulam Mustafa (the petitioner), a resident of Bagwal Khas, District Chakwal, Punjab Province, under Section 489-F, PPC, at the Police Station Dir City, District Dir Upper. The petitioner avers that the aforesaid criminal case is false and baseless. He prays before us that the said criminal case may be quashed under Article 199 of the Constitution read with Section 561-A of the Criminal Procedure Code, 1898. 2. We have heard Ch. Sajid Abdullah Sraa, a learned advocate from Islamabad, counsel for Ghulam Mustafa, the petitioner, at length and perused the material available on the record. 3. Perusal of the record reflects that one Malak Intesar (the Respondent No.2), a resident of Islamabad, presently residing in Malak Plaza, situated in Dir Bazaar of District Dir Upper, has registered a criminal case against the petitioner on the strength of FIR No.340, dated 31.08.2021 under Section 489-F, PPC, in Police…