P L D 2020 Peshawar 170 (PLP)
KAUSAR ALI SHAH — Petitioner Versus REGIONAL POLICE OFFICER and others — Respondents
| Citation | P L D 2020 Peshawar 170 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | KAUSAR ALI SHAH — Petitioner Versus REGIONAL POLICE OFFICER and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2020 Peshawar 170 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2020 Peshawar 170 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2020 Peshawar 170 (PLP) (KAUSAR ALI SHAH — Petitioner Versus REGIONAL POLICE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
Headnotes / Summary
Ss. 249-A & 265-K
Constitution of Pakistan, Art. 199
Constitutional petition
Quashing of FIR
Alternate remedy, availability of
Effect
Petitioners sought quashing of FIRs and proceedings conducted thereunder
Alternate remedy in the shape of applications under Ss.249-A & 265-K, Cr.P.C. was available to the petitioners
Petitioners could avail said remedies, if, at all, the trial court proceeded against them
High Court had no jurisdiction, whatsoever; to take the role of investigation agency and to quash the FIR or any proceedings thereunder, while exercising power under Art.199 of the Constitution, unless and until exceptional circumstances existed
Constitutional petitions were dismissed.
Judgment & Decree
AHMAD ALI, J.
Through this common judgment, we propose to decide the following writ petitions having prayers mentioned against each:-- W.P. No. 785-P/2013 (Kausar AlI Shah v. Regional Police Officer etc.) "It is therefore, most humbly prayed that on acceptance of this writ petition, FIR 113 dated 10.03.2013 under section 506/307, P.P.C. read with 25 Telegraph Act, Police Station Sheikh Mattoon, District Mardan may kindly be quashed/cancelled being illegal, baseless/coram-non-judice and lodged by the respondent No.4 only to harass the petitioner mentally and to compel him for illegal demands and compromise." W.P. No.142-M/2013 (Kausar Ali Shah v. Regional Police Officer etc.) "It is therefore, most humbly prayed that on acceptance of this writ petition, FIR 153 dated 13.03.2013 under section 419/420/ 417/468/471/489-F, P.P.C., Police Station Jewar, District Buner may kindly be quashed/cancelled being illegal, baseless/ coram-non-judice and lodged by the respondent No.4 only to harass the petitioner mentally and to compel him for illegal demands and compromise." W.P. No. 786-P/2013 (Kausar Ali Shah v. Regional Police Officer etc. "It is therefore, most humbly prayed that on acceptance of this writ petition, FIR 122 dated 12.03.2013 under section 489-F, P.P.C., Police Station Sheikh Mamoon, District Mardan may kindly be quashed/cancelled being illegal, baseless/coram-non-judice and lodged by the respondent No.4 only to harass the petitioner mentally and to compel him for illegal demands and compromise." W.P. No. 202-P/2014 (Syed Kausar Ali Shah and another v. Regional Police Officer etc.) "It is therefore, most humbly prayed that on acceptance of this writ petition, FIR 29 dated 14.01.2014 under sections 342/347/ 109, P.P.C., Police Station Sheikh Mamoon, District Mardan may kindly be quashed/cancelled being illegal, baseless/ coram-non-judice and lodged by the respondent No.4 only to harass the petitioner mentally and to compel him for illegal demands and compromise." W.P. No. 2962-P/2013 (Aman Ullah v. Syed Kausar Ali Shah etc.) "It is therefore, graciously prayed that while accepting this writ petition, the impugned order dated 08.11.2013 of the learned respondent No.2 (ASJ-II, Mardan) may please be declared illegal, without jurisdiction and without any authority and the respondent No.3 may please be restrained from arrest of the petitioner"
2. Perusal of previous order sheets reveals that no one is appearing on behalf of the petitioners since long, it seems that they are no more interested in pursuing the instant petitions, therefore, arguments of the learned AAG on behalf of the official respondents heard and after thorough perusal of record, the matters were taken up for disposal on merit.
3. In all these petitions, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the constitutional jurisdiction of this Court to quash the FIRs/proceedings there under. Without going to the roots of the matter, suffice it to say, that alternate remedy in the shape of application under sections 249-A or 265-K Cr.P.C. is available to the petitioners. They may avail this remedy, if at all, the Trial Court proceed against them. In case titled "Ghulam Muhammad v. Muzammil Khan" reported in (PLD 1967 SC 317), the apex Court held that remedy of quashment of proceedings is not available, when alternate remedy in the shape of 265-K or 249-A, Cr.P.C.is available. Wisdom could be safely drawn from case laws reported in PLD 1992 SC 353, 2006 SCMR 276, 2006 SCMR 1192.
4. Moreover, the High Court has no jurisdiction, whatsoever; to take the role of investigation agency and to quash the FIR or any proceedings there under, while exercising power under Article 199 of the Constitution, unless and until very exceptional circumstance exists. Reliance could be safely placed on case titled "Doctor Ghulam Mustafa v. The State" reported in 2008 SCMR 76.
5. In view of the above, the instant and connected writ petitions are dismissed accordingly. SA/141/P Petitions dismissed.