| Case ID |
371c182d-d5ed-4924-881f-25c1e1d2b574 |
| Body |
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| Case Number |
Writ Petition No. 12676 of 2004 |
| Decision Date |
Mar 29, 2010 |
| Hearing Date |
Mar 29, 2010 |
| Decision |
The Lahore High Court accepted the petition filed by Muhammad Ishaq, quashing the First Information Report (FIR) No. 87 registered at Police Station Garhi Shahu, Lahore on 19-4-2004 for offenses under sections 420 and 506 of the Pakistan Penal Code. The court found that the registration of the FIR was illegal and without jurisdiction since the alleged offense related to the Emirate Bank International in Islamabad, not Lahore. The court highlighted that the complainant had a civil dispute with the petitioner's brother, which was the basis for the criminal charges, thus indicating mala fide intention behind the FIR. The petitioner was wrongfully declared a proclaimed offender and the court ruled that the continuation of proceedings would constitute an abuse of the court process. |
| Summary |
In the case of Writ Petition No. 12676 of 2004, heard by the Lahore High Court, the petitioner Muhammad Ishaq sought to quash an FIR for cheating under sections 420 and 506 of the Penal Code. The court examined the circumstances surrounding the FIR, which was lodged at Police Station Garhi Shahu, Lahore. It was determined that the complainant, Javed Tariq, had a prior civil agreement with Abdul Khaliq, the petitioner's brother, which led to the criminal charges. The court found that the FIR was lodged with mala fide intent and that the appropriate jurisdiction lay in Islamabad, where the alleged offense occurred. Therefore, the court quashed the FIR and underscored the importance of jurisdiction in criminal matters. This judgment is significant in establishing that criminal proceedings should not be used to settle civil disputes and that jurisdiction is a critical factor in the validity of criminal charges. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD CHAUDHRY
|
| Lawyers |
Agha I.A. Imran,
Waqas Qadeer Dar,
Ghulam Abbas
|
| Petitioners |
MUHAMMAD ISHAQ
|
| Respondents |
JAVED TARIQ
|
| Citations |
2010 SLD 2843,
2010 PCRLJ 1101
|
| Other Citations |
1998 MLD 2036
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
22-A,
420,
506,
199
|