Law:

Section:

(a) Practice and procedure------Civil and Criminal proceedings---Criminal proceedings were not barred in presence of civil proceedings and civil and criminal proceedings could be proceeded simultaneously. Ahmad Saeed v. The State 1996 SCMR 186; Talab Hussain v. Anar Gul Khan and 4 others 1993 SCMR 2177 and Deputy Inspector-General of Police v. Anees-ur-Rehman Khan PLD 1985 SC 134 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Penal Code (XLV of 1860), Ss.420, 468, 471 & 489-F---Constitutional jurisdiction---Scope---If, prima facie, an offence had been committed, ordinary course of trial before the Court: should not to be allowed to be deflected by resorting to constitutional jurisdiction of High Court---By accepting constitutional petition, high Court would err in law to short circuit the normal procedure as provided by law, while exercising equitable jurisdiction which was not in consonance with the law. Habib Ahmed v. M.K.G. Scott Christian PLD 1992 SC 353 ref. (c) Constitution of Pakistan (1973)--- ----Arts. 185(3) & 199---Penal Code (XLV of 1860), Ss.420, 468, 471 & 489-F---Criminal Procedure Code (V of 1898), Ss.249-A & 265-K---Constitutional petition before High Court---Competency---Quashing of F.I.R.---Constitutional petition for quashing of F.I.R. was accepted by High Court on the ground that cheque in question was issued prior to the promulgation of Criminal Law (Amendment) Ordinance (LXXXV of 2002)---Intra-Court appeal was also dismissed on the ground of' being not maintainable---Mere mentioning of S.489-F, P.P.C. in the F.I.R., was no ground to quash F.I.R. by High Court while exercising constitutional jurisdiction under Art.199 of the Constitution, without adverting to contents of F.I.R.---Petitioner had alternative remedy to raise objection at the time of framing charge against him by the Trial Court or at the time of final disposal of the trial by the Trial Court after recording evidence---Even otherwise petitioner had more than one alternative remedies viz. before, the Trial Court under Criminal Procedure Code, 1898 i.e. S.265-A or 249-A, Cr.P.C. and that fact was also not considered by High Court---If the contents of…

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