2011 P Cr (PLP)
HAZOOR BUX and 5 others — Petitioners Versus S.I.O. POLICE STATION KHANPUR MAHAR and 3 others — Respondents
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | HAZOOR BUX and 5 others — Petitioners Versus S.I.O. POLICE STATION KHANPUR MAHAR and 3 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (HAZOOR BUX and 5 others — Petitioners Versus S.I.O. POLICE STATION KHANPUR MAHAR and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qurban Ali Malano for Petitioners.
- Through this petition, petitioner seeks quashment of F.I.R. No.151 of 2010 registered with Police Station Khanpur Mahar under sections 118, 143, 120-B, P.P.C. During pendency of this petition, challan has been submitted. This Court put specific question to the counsel for petitioner that in view of the fact that challan has already been submitted petitioner may seek remedy before the trial Court.
Headnotes / Summary
Ss. 118, 143 & 120-B
Constitution of Pakistan, Art.199
Constitutional petition
Concealing design to commit offence punishable with death or imprisonment for life and criminal conspiracy-Quashing of F.I.R.
During pendency of petition, challan of case had been submitted
When the challan had been submitted and cognizance had been taken by the Trial Court, then alternate remedy under S.249-A, Cr.P.C., was more efficacious, appropriate and beneficial
Question of guilt or innocence could not be decided in the exercise of constitutional jurisdiction by High Court
Such function, in circumstances would fall within the jurisdictional domain of the court concerned before which the entire evidence was to be scrutinized and that could not be done under Constitutional jurisdiction by the High Court
Constitutional petition was dismissed.
Judgment & Decree
Through this petition, petitioner seeks quashment of F.I.R. No.151 of 2010 registered with Police Station Khanpur Mahar under sections 118, 143, 120-B, P.P.C. During pendency of this petition, challan has been submitted. This Court put specific question to the counsel for petitioner that in view of the fact that challan has already been submitted petitioner may seek remedy before the trial Court.
2. Learned counsel argued that in view of the decision reported in 2000 SCMR 122 this court can quash the proceedings if there is no probability that the accused could be convicted on the material that has come on record.
3. Mr. Zulfiqar Ali Sangi, learned State Counsel has argued that in the case of Muhammad Abbassi v. SHO Bara Kahu and 7 others reported in PLD 2010 SC 969 where three Judges of Hon'ble Supreme Court have held that when the challan has been submitted and cognizance has been taken by the trial Court then there is alternate remedy under section 249-A, Cr.P.C. which is more. efficacious, appropriate and beneficial and the question of guilt or innocence could not be decided in the exercise of constitutional jurisdiction as such function falls within the jurisdictional domain of the court concerned before which the entire evidence is to be scrutinized which cannot be done in exercise of constitutional jurisdiction. Learned State Counsel also relied in the case of Haji Sardar Khalid Saleem v. Muhammad Ashraf and others reported in 2006 SCMR 1192.
4. As the judgment of the Supreme Court is binding on us. We are of the view that let the matter be decided by the trial Court. We, however; direct the trial Court to decide quashment application within a period of three weeks from today. Let such application be filed within three days. With these directions, this petition stands disposed of. H.B.T./H-11/K Order accordingly.