Law:

Section:

(a) Constitution of Pakistan (1973)- ----Art.199---Criminal Procedure Code (V of 1898), S. 156---Investigation into cognizable cases---Constitutional petition---Holding of an inquiry---High Court would be reluctant in the exercise of its extraordinary Constitutional jurisdiction to get involved in a fact-finding exercise involving recording of evidence or examining witnesses and permitting their cross-examination---Embarking upon such an exercise would mean pre-empting the powers lawfully vesting in the Investigating Officers and in the Trial Courts, adopting of which role cannot be approved. Emperor v. Khawaja Nazir Ahmad AIR 1945 PC 18; Malik Shaukat Ali Dogar etc. v. Ghulam Qasim Khan Khakawani etc. PLD 1994 SC 281; Ghulam Muhammad v. Muzamal Khan PLD 1967 SC 317; Shahnaz Begum v. Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677; Wali Muhammad alias Walia v. Haq Nawaz and others 1971 SCMR 717 and Malik Ghulam Ahmad v. Haji Muhammad Yousaf and others PLD 1976 SC 271 rel. (b) Constitution of Pakistan (1973)- ----Art.199; --Constitutional petition---Availability of alternate remedy--Competency---Petition under Art. 199 of the Constitution is competent only if it ----Art.199---Criminal Procedure Code (V of 1898), Ss.561-A, 551, 249-A, 190 & 63---Constitutional petition---Quashing of F.I.R.---Adequate remedies available to an accused person seeking quashment of an F.I.R. which can make the Constitutional petition incompetent---Such remedies detailed. (d) Constitution of Pakistan (1973)- ----Art.199---Constitutional jurisdiction---Discretionary relief---Conduct of petitioner---Relevancy in Constitutional petition---Relief under Art.199 of the Constitution being discretionary, petitioner seeking the same must show his having come to the Court with clean hands or that he had not indulged in any conduct which had sullied his hands or had done anything against the established social or moral norms of the society and it is only then that he would qualify to the grant of a discretionary relief in equity. Hafiz Abdul Waheed v. Muhammad Arshad PLD 1997 Lah.301 ref. (e) Offence of Zina (Enforcement of Hudood) Ordinance (VII of…

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