| Case ID |
37e8b719-cbd8-43bc-93c0-16477ceba7f6 |
| Body |
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| Case Number |
Writ Petition No. 5601 of 2010 |
| Decision Date |
Apr 16, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition seeking the quashing of the First Information Report (FIR) No. 329 of 2010. The court held that the disputed questions of fact could not be resolved in its extraordinary jurisdiction. It emphasized that if a prima facie case exists, it should be inquired into and tried by the Trial Court. The petitioner had access to alternative remedies under the Criminal Procedure Code, specifically Sections 249-A and 265-K, and thus the petition was not competent. The High Court's inherent jurisdiction is not an alternative to the regular legal process. The decision reinforced the principle that quashing an FIR would undermine the ordinary course of law and was therefore dismissed. |
| Summary |
In the case of Writ Petition No. 5601 of 2010, decided by the Lahore High Court on April 16, 2010, the petitioner sought to quash an FIR concerning an alleged criminal breach of trust under Section 406 of the Penal Code. The court ruled that it cannot delve into disputed facts while exercising its constitutional jurisdiction. Instead, the proper venue for resolving such issues is the Trial Court, where the petitioner has alternative legal remedies available. The court highlighted the principle that quashing an FIR would disrupt the legal process. This case is significant for understanding the limits of constitutional jurisdiction in criminal matters and the importance of following established legal procedures. Keywords: Lahore High Court, FIR, criminal breach of trust, constitutional petition, legal remedies, trial court. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD YAWAR ALI, JUSTICE
|
| Lawyers |
Muhammad Sarwar Awan for Petitioner,
Rana Naveed Ashiq for Respondent No. 3/Complainant,
Syed Nayyar Abbas Rizvi, Assistant Advocate-General Punjab,
Mian Makhdoom, A.S.I. for the State
|
| Petitioners |
|
| Respondents |
THE STATE AND 2 others
|
| Citations |
2010 SLD 2887,
2010 PCRLJ 1340
|
| Other Citations |
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276,
Dr. Ghulam Mustafa v. The State and others 2008 SCMR 76,
A Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353,
Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
406,
249-A,
265-K,
199
|