| Case ID |
22b521a2-191e-4f5e-a0a3-c9275fa7b0e3 |
| Body |
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| Case Number |
Writ Petition No. 10839 of 2017 |
| Decision Date |
Aug 07, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed under Article 199 of the Constitution for the quashing of FIR No.314-2017. The court noted that the petitioner had a duty to discharge his liability concerning the payment of the agreement to sell, and any disputes regarding the nature of the cheque could only be resolved through proper investigation and evidence. The court emphasized that the jurisdiction to quash the FIR at this stage was not available, as the matter involved disputed questions of fact that required evidence from the trial court. Thus, the court found no grounds for quashing the FIR, and the petitioner was advised to pursue alternative remedies available before the trial court. |
| Summary |
This case revolves around a writ petition filed by the petitioner seeking the quashing of an FIR registered under Section 489-F of the Penal Code. The petitioner had issued a cheque for earnest money related to a land sale agreement which was subsequently dishonored. The court highlighted that the truthfulness of the FIR's allegations could only be determined through investigation and evidence, not through constitutional jurisdiction. The ruling emphasized the importance of following due process and not short-circuiting the legal procedures established under the Criminal Procedure Code. The decision reinforces the principle that constitutional remedies should not replace the prescribed trial processes, particularly in cases involving disputed facts and the assessment of guilt or innocence. This case is significant in emphasizing the judicial restraint exercised by the High Court in matters regarding police investigations and FIR registrations. The court reiterated that the petitioner had alternative remedies to challenge the FIR, which should be pursued in the appropriate legal forum, thereby upholding the integrity of the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ABDUL RAHMAN AURANGZEB,
MUHAMMAD AWAIS KHAN
|
| Lawyers |
Ch. Muhammad Balal Sahu
|
| Petitioners |
|
| Respondents |
STATION HOUSE OFFICER, POLICE STATION CITY MIAN CHANUN DISTRICT KHANEWAL AND 2 OTHERS
|
| Citations |
2018 SLD 1726,
2018 PCRLJ 1128
|
| Other Citations |
Ajmeel Khan v. Abdur Rahim and others PLD 2009 SC 102,
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276,
Muhammad Mansha v. Station House Officer, Police Station City, Chiniot and others PLD 2006 SC 598
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
489-F,
561-A,
199
|