1998 PLP 1047 (SCMR)
Engineer BASHIR AHMED ‑‑‑Petitioner Versus SENIOR SUPERINTENDENT OF POLICE and 4 others‑‑‑Respondents
| Citation | 1998 PLP 1047 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Mamoon Kazi, JJ |
| Parties | Engineer BASHIR AHMED ‑‑‑Petitioner Versus SENIOR SUPERINTENDENT OF POLICE and 4 others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1047 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1047 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Mamoon Kazi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1047 (SCMR) (Engineer BASHIR AHMED ‑‑‑Petitioner Versus SENIOR SUPERINTENDENT OF POLICE and 4 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Fayyaz Ahmad Khawaja, Advocate Supreme Court and M. Kowkab Iqbal, Advocate‑on‑Record for Respondents Nos. 4 and 5.
- Date of hearing: 10th March, 1998.
- Muhammad Fayyaz Ahmad Khawaja, Advocate Supreme Court and M. Kowkab Iqbal, Advocate-on-Record for Respondents Nos. 4 and 5.
- Atiq Elahi Sheikh, Additional Advocate-General on Court's Notice for the State.
Headnotes / Summary
(On appeal from the order of the Lahore High Court (Rawalpindi Bench), Rawalpindi, dated 16‑10‑1997 passed in I.C.A. No. 38/97). ‑‑‑‑S. 420/471/468/406‑‑‑Criminal Procedure Code (V of 1898), Ss. 173, 200 & 202‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider whether a private complaint, under the circumstances of the case, could afford an adequate alternate remedy to the petitioner and whether there was justification in disposing of his complaint under S. 173, Cr.P.C. on the said ground. Petitioner in person. Atiq Elahi Sheikh, Additional Advocate‑General on Court's Notice for the State.
Judgment & Decree
MAMOON KAZI, J.
F.I.R. lodged by the petitioner before the Magistrate 1st Class, Islamabad, under section 420/471/468/406, P.P.C. was cancelled under section 173, Cr.P.C. on the ground that civil proceedings in respect of the same subject-matter had been dismissed by the Civil Court.
2. The petitioner challenged the said order first before a learned Single Judge of the High Court and subsequently in Intro-Court Appeal but without any success as it was held that alternate relief was available to the petitioner in the form of a private complaint.
3. Leave is granted to consider; (i) whether a private complaint under the circumstances of the case, could afford an adequate alternate remedy to the petitioner, and (ii) whether there was justification in disposing of the petitioner's complaint under section 173, Cr.P.C. on the said grounds. N.H.Q./B-13/S Leave granted.