Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 199---Criminal Procedure Code (V of 1898), S.561-A---Quashing of F. I. R. ---Grounds to be kept in view---High Court while dealing with an application for quashing of F.I.R. would keep in view the grounds; whether there is a jurisdictional defect, a patent violation of some provision of law, whether the allegations as contained in the F.I.R. even if believed would not make out any case and the continuation of proceedings would amount to sheer abuse of process of Court, and whether an endeavour is made to enforce a civil liability through machinery of Criminal Courts. Ladha Shah v. Zaman Ali AIR 1925 Lah. 289(2); Mahmood-ul-­Hasan v. Imtiaz Khan and another PLD 1963 (W.P.) Lah. 481 and Miraj Khan v. Gul Ahmad and 3 others 2000 SCMR 122 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 420/468/471---Constitution of Pakistan (1473), Art.199---Criminal Procedure Code (V of .1898), S.561-A---Constitutional petition---Quashing of F.I.R.---Remedy already being pursued before a Banking Court was the one more proper---Complainant in getting the F.I.R. registered against the accused had patently enforced a civil liability through criminal process which on the face of it was not sustainable in -law---Impugned F.I.R. was consequently cancelled and the proceedings pursuant thereto were quashed--­Constitutional petition was accepted accordingly. Ladha Shah v. Zaman Ali AIR 1925 Lah. 289(2); Mahmood-ul-Hasan v. Imtiaz Khan and another PLD 1963 (W.P.) Lah. 481 and Miraj Khan v. Gul Ahmad and 3 others 2000 SCMR 122 ref. ORDER This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with section 561-A, Cr.P.C. seeking quashment of F.I.R. No.178 dated 3-8-2000 registered under sections 420, 468 and 471, P.P.C. against the petitioners with the Police Station Kohsar, Islamabad. 2. The allegations made are that on 12-11-1995, the petitioners went to the City Bank and obtained a loan of Rs.50,00,000 after execution of a mortgage deed of personal property of one of the petitioners as security for the loan and thereafter they executed an agreement. It was alleged by the Complainant that after obtaining…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492