Law:

Section:

Specific Relief Act (I, of 1877)--S. 12---Criminal Procedure Code (V of 1898), S.154---Constitution of Pakistan (1973), Art.185(3)---Petitioner's Constitutional petition under Art.199 of the Constitution seeking registration of case against respondents was disposed of with observation that petitioner having already moved application to Federal Investigating Agency, could approach concerned Inquiry Officer and get the matter inquired if he was- so advised---Division Bench of High Court in Intra­Court Appeal while dismissing same opined that if contractual obligations were allowed to be enforced through filing of Constitutional petitions, Specific Relief Act, 1877 would become redundant; that Courts would not assume functions of determination of disputed facts---Validity---Proceedings on petitioner's complaint before Federal Investigating Agency were pending when he filed Constitutional petition which was rightly disposed of by Single Judge of High Court with direction that he might approach Inquiry Officer in Federal Investigating Agency and get such matter inquired into---Inquiry conducted by Agency having been completed by now, petitioner should better avail result of that inquiry---Leave to appeal to Supreme Court was refused in circumstances. Hassan Ahmad Khan Kanwar, Advocate Supreme Court with Sh Salahuddin, Advocate-on-Record for Petitioner. Sher Zaman Khan, D.A.-G. for the State. Date of hearing: 16th February, 1997. JUDGMENT ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against an order of a learned Division Bench of Lahore High Court, Multan Bench, dated 6-5-1996 dismissing the petitioner's appeal (I.C.A. No.44 of 1996) directed against the judgment of a learned Single Judge dated 10-4-1996 whereby petitioner's request for registration of a case against the respondents/officials of Small Business Finance Corporation was declined with the observation that the petitioner having already moved an application to the Federal Investigating Agency "may approach the concerned Inquiry Officer and got the…

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