| Case ID |
31d5fe9e-ddee-4206-a787-5ec6ce2b9680 |
| Body |
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| Case Number |
Writ Petition No. 156 of 2014 |
| Decision Date |
May 15, 2014 |
| Hearing Date |
|
| Decision |
The High Court quashed F.I.R. No. 2/14 registered against the petitioners, stating that the registration was done with mala fide intention and without lawful authority. The court emphasized that the investigation process could not be interfered with unless there was clear evidence of misuse of authority by the investigating agency. The court ruled that the petitioners had acted in compliance with a previous decree from the Senior Civil Judge, which had directed the removal of illegal construction, and that the F.I.R. was an attempt to harass the petitioners and undermine the civil court's decision. |
| Summary |
The case involves a writ petition filed under the Azad Jammu and Kashmir Interim Constitution Act, 1974, seeking the quashment of an F.I.R. that was allegedly registered with mala fide intentions against the petitioners. The petitioners, comprising a businessman and heads of departments at a local university, argued that the F.I.R. was filed to counteract a prior court decree that ordered the removal of illegal constructions. The High Court found that the petitioners had acted lawfully in compliance with the civil court's orders and ruled that the F.I.R. was an abuse of process. This decision highlights the importance of respecting civil court judgments and the limits of police authority in criminal investigations. The case underscores the legal principles surrounding wrongful prosecution and the protection of rights against unlawful actions by state agencies. Keywords such as 'quashing of FIR', 'mala fide registration', 'civil court decree', and 'abuse of process' are vital in understanding the implications of this ruling. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUSTAFA MUGHAL, C.J.
|
| Lawyers |
Sardar Karam Dad Khan for Petitioners,
Ch. Shaukat Aziz, A.A.G. for Official Respondents,
Muhammad Yaqoob Khan Mughal,
Anees-ul-Arfeen for Private Respondents
|
| Petitioners |
2 others,
GHULAM MUSTAFA MUGHAL,
SHAUKAT NAWAZ MIR
|
| Respondents |
6 others,
AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary
|
| Citations |
2014 SLD 2239,
2014 PCRLJ 1567
|
| Other Citations |
A. Rehman Malik and another v. The State and another PLD 2010 Lah. 353,
Rifat Ali Barq v. The State 1991 PCr.LJ 9,
Ghulam Rasool Hyderi v. S.D.M. Tribunal Khairpur 1989 PCr.LJ 458,
Byramd Avari and others v. The State PLD 1989 Pesh. 145,
Mst. Gulnaz Bibi v. Mian Muhammad Younas and 2 others 2003 MLD 1608,
Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677,
Rana Muhammad Farooque and others v. Aftab Hussain PLD 2003 Kar. 309,
Anwar Ahmad Khan v. The State 1997 PSC (Crl.) 482,
Muhammad Anwar's case PLD 1997 Lah. 15
|
| Laws Involved |
Penal Code (XLV of 1860),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Prevention of Corruption Act (II of 1947)
|
| Sections |
380,
109,
44,
5(2)
|