2017 PLP 2064 (MLD)
Sheikh ARIF UR REHMAN and another — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION KHURAM, TEHSIL AND DISTRICT KARAK and 2 others — Respondents
| Citation | 2017 PLP 2064 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | Sheikh ARIF UR REHMAN and another — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION KHURAM, TEHSIL AND DISTRICT KARAK and 2 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2017 PLP 2064 (MLD)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 2064 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 2064 (MLD) (Sheikh ARIF UR REHMAN and another — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION KHURAM, TEHSIL AND DISTRICT KARAK and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sadiq Khan for Petitioner.
- Syed Qaiser Ali Shah, A.A.G. for Respondent.
- Muhammad Ismail Khalil for Respondent No.3.
Headnotes / Summary
Art.199
Criminal Procedure Code (V of 1898), Ss. 561-A, 249-A & 265-K
Constitutional petition seeking quashment of FIR
Scope
Prosecution case was that the petitioners had been charged for enticing the daughter-in-law of the complainant with criminal intent
FIR showed that petitioners had been charged for the commission of cognizable offence
Question as to whether the petitioners had any nexus with the commission of offence or not would be thrashed out by the trial court after recording evidence and at such a stage, it was not fair to quash the FIR, which was under investigation and was at preliminary stage
Besides availing the constitutional remedy, there was also alternate remedy for the petitioners by making application under S. 249-A or 265-K, Cr.P.C.
Such remedy could be availed after submission of challan or by invoking the jurisdiction of competent court under S. 439, Cr.P.C. or by invoking jurisdiction of High Court under S. 561-A, Cr.P.C., if required
Petitioners without availing the appropriate remedy had invoked the constitutional jurisdiction of High Court
Quashment of FIR at that stage would cause injustice/prejudice to the case of complainant party
Constitutional petition bereft of any merit, was dismissed in circumstances.
Judgment & Decree
ABDUL SHAKOOR, J.
Petitioners through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, have prayed for issuance of a writ to quash FIR No.18 dated 08.02.2017 registered under section 496-A/34, P.P.C. at police station, Khuram, District Karak and proceedings initiated under it.
2. According to the FIR, the petitioners have been charged for enticing the daughter-in-law of respondent No.3 with criminal intent.
3. We have heard learned counsel for the petitioners and learned counsel for the respondents and have gone through the case file.
4. Perusal of the case FIR would show that the petitioners have been charged for the commission of cognizable offence. The question whether the petitioners have any nexus with commission of the offence or not will be well thrashed out by the learned trial court after recording the evidence which is proper forum for that purpose. At this stage it is not fair to quash the FIR which was under investigation and was at preliminary stage. It is also to be noted that beside availing the constitution remedy there is also alternate remedy for the petitioners by making application under section 249-A or 265-K, Cr.P.C. after submission of challan or by invoking the jurisdiction of competent court under section 439, Cr.P.C, or by invoking jurisdiction of High Court under section 561, Cr.P.C, if need be. Surprisingly, the petitioners without availing the appropriate remedies as referred hereinabove have invoked the constitutional jurisdiction of this court. Quashing of FIR at this stage will bound to cause injustice/prejudice to the case of complainant party. Under no circumstances this court can determine innocence or guilt of the petitioners while exercising its constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. All the points raised by the learned counsel for the petitioners need evidence for resolution thereof which is not the function of this court, therefore, the instant petition, being bereft of any merit, is hereby dismissed. JK/229/P Petition dismissed.