P L D 2005 Lahore 568 (PLP)

C. M. No. 1 of 2005 The requirement of filing certified copies of the relevant documents is dispensed with for the present. Disposed of. Writ Petition No.9036 of 2005

2. Through this petition the petitioner has sought quashing of F.I.R. No.412 registered at Police Station Sadar Muridke, District Sheikhupura on 14-10-2004 far an offence under section 489-F, P.P.C. in respect of dishonouring of a cheque.

3. It has been argued by the learned counsel for the petitioner that a civil suit for declaration and permanent injunction has already been filed by the petitioner against the complainant regarding the same cheque and prior to registration of the impugned F.I.R. an injunctive order had been issued by the Civil Court in respect of the relevant cheque and its use by the complainant. It has also been submitted that the impugned F.I.R. is a counterblast to the civil suit already filed by the petitioner against the complainant. It has further been maintained that the relevant cheque had been issued by the petitioner in favour of the complainant's brother but it had in fact been returned to the petitioner and later on the said cheque had been stolen by the complainant and then it was used by the complainant for the purpose of registration of the impugned F.I.R. It has lastly been contended that the impugned F.I.R. is based upon nothing but malice on the part of the complainant.

4. After hearing the learned counsel for the petitioner and going through the documents appended with this petition it has been noticed by me that the contents of this writ petition show that the petitioner admits issuance of the relevant cheque in furtherance of a business transaction but he alleges that the said cheque had been returned to him and later on it had been stolen by the complainant. It has, however, been conceded before me by the learned counsel for the petitioner that the alleged theft of the relevant cheque had never been reported by the petitioner to the police. As regards the civil suit instituted by the petitioner and the injunctive order issued by a Civil Court in respect of the cheque in issue suffice it to observe that the alleged dishonouring of the relevant cheque had come about prior to issuance of any injunctive order by a Civil Court and, thus, the offence, if any, had already been committed before passage of the injunctive order by the Civil Court. Apart from that laying of an information before the police regarding commission of a cognizable offence cannot be stopped by a Civil Court. It goes without saying that no injunctive order can be issued against the law. According to Article 4 of the Constitution of the Islamic Republic of Pakistan, 1973 it is an inalienable right of every citizen to be treated in accordance with the law. It may also be pertinent to mention here that according to section 56(e) of the Specific Relief Act, 1877 no injunction can be granted by a Civil Court against criminal investigation or in any criminal matter.

5. The learned counsel for the petitioner has referred to an unreported judgment dated 18-6-2003 passed by a learned Judge-in Chambers of this Court in Writ Petition No.1719 of 2003 (BWP) to contend that section 489-F, P.P.C. had been inserted in the Pakistan Penal Code through an Ordinance which had lapsed after expiry of four months, as was contemplated of the provisions of Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973, and, thus, section 489-F is no longer a part of the Pakistan Penal Code. I have gone through a photocopy of the said judgment, produced before me by the learned counsel for the petitioner and I have straightaway found that the learned Judge-in-Chambers deciding the said petition had not been properly assisted in the said case and it had never been brought to the notice of the Hon'ble Judge that through the Provisional Constitution (Amendment) Order, 1999 (Order No.9 promulgated on 14-11-1999) it had categorically been provided that "An Ordinance promulgated by the President or by the Governor of a Province shall not be subject to the limitation as to its duration prescribed in the Constitution". The said Provisional Constitution (Amendment) Order, 1999 had subsequently been saved by the Legislature through Article 270-AA of the Constitution. In view of this legal position it is evident that section 489-F, P.P.C. is still a part of the Pakistan Penal Code.

6. For the reasons mentioned above no occasion has been found by me for interference in the matter at such a stage and this petition is, therefore, dismissed in limine. The Office is directed to send a copy of his order to the Station House Officer of Police Station Sadar Muridke, District Sheikhupura for his information. C.M. No. 2 of 2005

7. As the main writ petition has been dismissed of by this Court is limine today, therefore, the present miscellaneous petition seeking interim relief has lost its relevance. Dismissed. M.B.A./A-466/L Petition dismissed.