| Case ID |
4224771c-f232-4545-ac2b-247aaa185fcd |
| Body |
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| Case Number |
Writ Petition No.6046 of 2007 |
| Decision Date |
Oct 30, 2007 |
| Hearing Date |
|
| Decision |
The petition for quashing of F.I.R. No.1 of 2007 dated 22-3-2007 was dismissed. The allegations in the F.I.R. were found to be valid, and the challan had been submitted to the Trial Court. The petitioner argued that the F.I.R. was lodged after the occurrence and that there was a significant delay in filing it. However, the court found that the delay alone could not justify quashing the F.I.R. The typographical error regarding the date of occurrence was deemed irrelevant, as the matter involved disputed questions of fact which were not suitable for resolution in the constitutional jurisdiction of the High Court. The court emphasized that the petitioner had adequate alternate remedies available under the law to address his grievances. The judgment also referenced the Supreme Court's position that quashing an F.I.R. would disrupt the normal legal procedures. Thus, the petition was dismissed in limine, affirming the prosecution's right to proceed with the case. |
| Summary |
In the case of Writ Petition No.6046 of 2007 before the Lahore High Court, the petitioner, represented by SYED AKBAR ALI SHAH NAQVI, sought to quash an F.I.R. related to alleged violations under the Customs Act, 1969. The petitioner contended that the F.I.R. was filed after the alleged incident and cited delays in its registration. However, the court found the allegations in the F.I.R. to be substantiated and highlighted that any typographical error regarding the date did not invalidate the case. The High Court determined that the issues raised were factual disputes unsuitable for constitutional review. With the challan submitted to the Trial Court, the court ruled that the petitioner had sufficient legal remedies available. The case underscores the importance of procedural integrity in prosecutorial actions and the limitations of constitutional jurisdiction in resolving factual disputes. This decision is significant for understanding the interplay between procedural law and the rights of accused individuals in Pakistan's legal framework, particularly under the Customs Act. It serves as a critical reference point for similar cases involving F.I.R. disputes and the legal standards for quashing such reports. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SHAMIM, JUSTICE
|
| Lawyers |
Miss Tasneem Amin,
Muhammad Khalid Ch.
|
| Petitioners |
SYED AKBAR ALI SHAH NAQVI
|
| Respondents |
5 others,
STATION HOUSE OFFICER/INCHARGE INVESTIGATION and PROSECUTION BRANCH CUSTOMS INTELLIGENCE, GUJRANWALA
|
| Citations |
2008 SLD 1065 = 2008 PCRLJ 1704
|
| Other Citations |
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
156
|