1999 PLP 942 (MLD)
MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent
| Citation | 1999 PLP 942 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 942 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 942 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 942 (MLD) (MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Muhammad Shabbir Langrial for Petitioner.
Headnotes / Summary
S.10
Constitution of Pakistan (1973), Art. 199
Constitutional petition-- Scope
Quashing of F.I.R.
F.I.R. had been lodged at the instance of the complainant on the allegation that his own daughter had been caught red-handed while committing Zina with the accused by the persons named therein, which allegation was contended to be false and malicious
Such factual controversies could not be resolved without holding an inquiry which exercise was not possible in the Constitutional ,petition
Accused had adequate remedies by way of placing his defence before the Investigating Officer, by approaching the Magistrate competent to pass discharge order and cancel the F.I.R. and finally before the Trial Court
Constitutional petition was dismissed in circumstances.
Judgment & Decree
Writ Petition No. 3670-Q of 1996, decided on 12th June, 1996.
S.10
Constitution of Pakistan (1973), Art. 199
Constitutional petition-- Scope
Quashing of F.I.R.
F.I.R. had been lodged at the instance of the complainant on the allegation that his own daughter had been caught red-handed while committing Zina with the accused by the persons named therein, which allegation was contended to be false and malicious
Such factual controversies could not be resolved without holding an inquiry which exercise was not possible in the Constitutional ,petition
Accused had adequate remedies by way of placing his defence before the Investigating Officer, by approaching the Magistrate competent to pass discharge order and cancel the F.I.R. and finally before the Trial Court
Constitutional petition was dismissed in circumstances. Malik Muhammad Shabbir Langrial for Petitioner. Prays for quashment of an F.I.R. bearing No.51 of 1996 of Police Station, Seetpur of District Muzaffargarh which F.I.R. had been lodged at the instance of Allah Diwaya complainant on the allegation that his own daughter, namely, Mst. Mehran had been found committing Zina with one Muhammad Sharif and that the two had been caught red-handed, amongst others, by the persons named in the F.I.R. The learned counsel contends that these allegations are false and malicious.
2. It is not possible for me to resolve factual controversies in exercise of the extraordinary Constitutional jurisdiction. Needless to say that it will not be possible for me to hold that the accusations abovementioned were false unless I hold an inquiry which would involve recording of statements of the concerned persons and permission to cross-examine them. If such an exercise was to be undertaken by this Court, then the entire law enacted through the Code of Criminal Procedure providing for investigation and subsequent trials would become redundant. No extraordinary circumstances exist on record which could persuade me to adopt such a course and to pre-empt the jurisdiction lawfully vested in the Investigating Officer and subsequently in the learned trial Court.
3. The petitioner has adequate remedies firstly by placing his defence before the Investigating Officer - and thereafter, approaching the learned concerned Magistrate who is competent to discharge an accused person of any case and who is also competent to cancel F.I.Rs., in terms of Chapter 24.7 of the Police Rules and finally before the learned trial Court. In view of what has been noticed above, I find no merits in this petition which is accordingly dismissed. N.H.Q./M-428/L Petition dismissed