| Case ID |
375ace19-a770-43d5-93c5-7c4ace76ac47 |
| Body |
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| Case Number |
W.P. No. 1343-A of 2018 |
| Decision Date |
Dec 06, 2018 |
| Hearing Date |
Dec 06, 2018 |
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Muhammad Naseem Khan Swati, seeking to quash FIR No. 951 dated 24.11.2018. The court ruled that the constitutional jurisdiction could not be exercised due to the availability of alternate remedies under the law. It was emphasized that factual controversies should not be resolved in constitutional jurisdiction and that the court refrains from interfering with police investigations. The decision was based on the principle that the High Court has limited scope in quashing FIRs and must rely on the material collected during investigations and evidence presented in the trial court. Therefore, the petition was deemed to lack merits and was dismissed in limine. |
| Summary |
In the case of W.P. No. 1343-A of 2018, the Peshawar High Court addressed the petition filed by Muhammad Naseem Khan Swati, seeking the quashing of FIR No. 951, which was lodged against him. The petitioner argued that the FIR was registered in bad faith to counter another FIR he had filed. The High Court, however, found that it could not exercise constitutional jurisdiction as there were alternate legal remedies available to the petitioner. The court highlighted that it should not interfere with ongoing police investigations and that the resolution of factual disputes is outside its purview. This case underscores the limitations of the High Court's jurisdiction and the importance of following established legal procedures in criminal matters. The judgment reiterates the principle that constitutional petitions must be substantiated with merit and cannot be used to bypass normal legal processes, which is crucial for maintaining the integrity of the judicial system. The court's decision was consistent with previous case law, reinforcing the established legal principles regarding the High Court's jurisdiction in criminal matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTAK,
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Muhammad Naseem Khan Swati,
Yasir Zahoor Abbasi
|
| Petitioners |
Muhammad Naseem Khan Swati
|
| Respondents |
THE STATE,
4 OTHERS
|
| Citations |
2019 SLD 1723,
2019 PCRLJ 1205
|
| Other Citations |
2006 SCMR 1192,
2008 SCMR 76,
PLD 2013 SC 401
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
154,
156,
34,
324,
365,
199
|