| Case ID |
02b2c826-22c9-41ee-9aa5-0ff9f9d4446d |
| Body |
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| Case Number |
Writ Petition No. 3873 of 2008 |
| Decision Date |
Jun 03, 2009 |
| Hearing Date |
Jun 03, 2009 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Mazhar Hussain seeking to quash F.I.R. No. 378/2006 for the offense under section 489-F of the Pakistan Penal Code. The court concluded that the F.I.R. was validly registered at the Police Station Fateh Sher, Sahiwal, where the complainant had deposited the dishonored cheque. The court ruled that both police stations, Ahmadpur East and Fateh Sher, had jurisdiction to register the case as the offense was completed at the place where the cheque was dishonored and the consequences ensued where the cheque was deposited. The court emphasized that the constitutional jurisdiction should not be exercised to aid illegal gains and dismissed the petition as meritless. |
| Summary |
In the case of Mazhar Hussain vs. The State, the Lahore High Court addressed the quashing of an F.I.R. related to dishonestly issuing a cheque under section 489-F of the Pakistan Penal Code. The petitioner, Mazhar Hussain, contended that the F.I.R. was registered without jurisdiction, as the cheque was issued from a different district. However, the court found that the complainant validly lodged the F.I.R. at the police station in Sahiwal, where he had deposited the cheque. The court ruled that both police stations had jurisdiction and emphasized the importance of adhering to legal procedures rather than dismissing cases on technical grounds. This case reinforces the principle that civil and criminal proceedings can run concurrently and highlights the judiciary's role in upholding justice without allowing technicalities to obstruct rightful claims. Keywords: Lahore High Court, F.I.R. quashing, section 489-F, jurisdiction, dishonored cheque. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, J
|
| Lawyers |
Syed Muzammil Hussain,
Mian Abbas Ahmad Addl. A.G.
|
| Petitioners |
Mazhar Hussain
|
| Respondents |
THE STATE,
Shan-e-Raza
|
| Citations |
2010 SLD 349,
2010 PLD 60
|
| Other Citations |
Col. Shah Sadiq v. Muhammad Ashiq 2006 SCMR 276,
Rafique Bibi v. Muhammad Sharif and others 2006 SCMR 512,
Seema Famed and others v. The State 2008 SCMR 839,
Muhammad Shafi v. DSP and others PLD 1992 Lah. 178,
Malik Naeem Awan v. Malik Aleem Majad and 5 others PLD 2008 Lah. 358,
Basharat Iqbal v. The State 1993 PCr.LJ 2151,
Muhammad Zafar v. Zahoor PLD 1983 FSC 480,
Shaukat Ali v. District Police Officer, Burewala District Vehari and 2 others 2007 PCr.LJ 997
|
| Laws Involved |
Pakistan Penal Code, 1860,
Police Rules, 1934,
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Criminal Procedure Code (V of 1898)
|
| Sections |
489F,
24,
25(34),
25.3,
20(4),
2(d)(iv),
173,
177,
179,
561A,
180,
265K,
249A
|