| Case ID |
09ece632-8c05-48fe-bbef-c263f92fdf13 |
| Body |
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| Case Number |
W.P. No. 22950 of 2014 |
| Decision Date |
Aug 28, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition for the quashing of FIR No. 627 dated 27-6-2010, which involved multiple serious charges against the petitioner. The court determined that the FIR was validly registered as it disclosed the commission of a cognizable offence. The court ruled that the Anti-Corruption Establishment's jurisdiction did not negate the police's authority to record the FIR under Section 154 of the Criminal Procedure Code. The petitioner's arguments regarding the mala fide nature of the FIR and the improper summoning of accused were found to be misconceived. It was held that the petitioner had an appropriate alternate remedy available under Section 249-A of the Criminal Procedure Code, and thus, the petition was dismissed. |
| Summary |
The Lahore High Court case involving Iftikhar Hussain revolved around the legality of an FIR concerning serious allegations of house-trespass, dacoity, and corruption. The court examined the jurisdiction of the Anti-Corruption Establishment versus the police in registering the FIR. It was established that the FIR was validly registered, and the petitioner’s plea to quash it was dismissed. The ruling highlighted the interplay between various laws, including the Constitution of Pakistan, Penal Code, and Criminal Procedure Code. The decision underscores the legal framework governing corruption-related offences and the procedural rights of accused individuals. The court's reliance on established legal precedents further solidified its stance on maintaining the integrity of the FIR process in corruption cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHAHBAZ ALI RIZVI, J
|
| Lawyers |
Muhammad Ahsan Bhoon,
M. Irfan Arif Shaikh
|
| Petitioners |
IFTIKHAR HUSSAIN
|
| Respondents |
3 others,
SENIOR SPECIAL JUDGE ACE
|
| Citations |
2015 SLD 2388 = 2015 PCRLJ 1103
|
| Other Citations |
State through Advocate-General, Sindh v. Bashir and others PLD 1997 SC 408,
M. Abdul Latif v. G.M. Paracha and others 1981 SCMR 1101,
Mirza Muhammad Iqbal and others v. Government of Punjab PLD 1999 Lah. 109,
Zulqar Hussain v. Tanvir Ahmad Gill, Admin Officer, SNGP and another 2014 PCr.LJ 779,
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276,
Muhammad Abbasi v. SHO Bhara Kahu and 7 others PLD 2010 SC 969
|
| Laws Involved |
Constitution of Pakistan,
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961),
West Pakistan Anti-Corruption Establishment Rules, 1985,
Criminal Procedure Code (V of 1898)
|
| Sections |
109,
156,
395,
199,
511,
448,
5,
157,
161,
204,
162,
8,
6,
7,
8
|