Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.419/420/406/468/471/34--Constitution of Pakistan (1973), Art.185(3)-­Petitioner's Constitutional petition that F.I.R. and consequent investigation thereon were of no legal effect being based on mala fides was dismissed on ground that Court would not stifle the very investigation which had already commenced in accordance with law--Petitioner failed to point out material to substantiate contention that investigation had been launched mala fide or that same was clearly beyond jurisdiction of investigating agency concerned--No ground for interfering with order of High Court having been shown, petition for leave to appeal was dismissed. Shahanaz Begum v. Honourable Judges of the High Court of Sind and Baluchistan P L D 1971 S C 677 and Emperor v. Khawaja Nazir Ahmad A 1 R 1945 P C 18 ref. Faiz Muhammad Bhatti, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th February, 1989. ORDER NASIM HASAN SHAH, J.--This is a petition seeking leave to appeal against the judgment, dated 6-12-1988 passed by a Division Bench of the High Court of Sind at Karachi in Constitutional Petition No. D-1226 of 1988. The petitioner in his Constitutional petition had prayed that F.I.R. No.194/88 under section 419/420/406/468/471/34, P.P.C. relating- to Police Station Mitha Dar Karachi (South) and the consequent investigation thereon be declared as without lawful authority being based on mala fides and, therefore, of no legal effect. It was further prayed that the respondent be restrained from taking further proceedings in respect of the said F.I.R. or to arrest the petitioner or his sons. The learned Judges of the High Court rejected the petition observing:­ "It is well settled law that the Court will not stifle the very investigation. In the case of Shahanaz Begum v. Hon'ble Judges of the High Court of Sind and Baluchistan P L D 1971 S…

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