2008 PLP 2505 (YLR)
REHAN NASIR — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION, RAIL BAZAR, DISTRICT FAISALABAD and 2 others — Respondents
| Citation | 2008 PLP 2505 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | REHAN NASIR — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION, RAIL BAZAR, DISTRICT FAISALABAD and 2 others — Respondents |
| Primary Law | (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973), (c) Administration of justice |
Q1: What are the key laws and sections cited in 2008 PLP 2505 (YLR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973), (c) Administration of justice as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2505 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2505 (YLR) (REHAN NASIR — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION, RAIL BAZAR, DISTRICT FAISALABAD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art.199
Penal Code (XLV of 1860), S.489-F
Constitutional petition
Quashing of F.I.R.-Contentions raised on behalf of accused needed a factual inquiry, which could not be undertaken by High Court in exercise of its constitutional jurisdiction under Art. 199 of the Constitution
Criminal proceedings could not be held in abeyance in all circumstances during pendency, of a civil suit
Criminal proceedings were not barred in presence of civil proceedings and both proceedings could be carried out simultaneously--Civil Court had no jurisdiction to prevent presentation of a cheque for encashment, which was a negotiable instrument
Civil Court by its injunctive order had only directed the defendant accused not to receive money through illegal means and force
Preservation of a valid cheque for encashment by no stretch of the argument could be termed as an attempt to receive money by illegal means or by force
Constitutional petition was dismissed in limine accordingly. Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 rel.
Art.199
Penal Code (XLV of 1860), S.489-F
High Court, while seized of a constitutional petition under Art.199 of the Constitution, cannot resort to undertaking a factual inquiry.
Civil and criminal proceedings
Criminal proceedings are not barred in presence of civil proceedings and both civil and criminal proceedings can be carried out simultaneously. Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 ref. Ghulam Hussain Malik for the Petitioner.
Judgment & Decree
M. BILAL KHAN, J.
By filing this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, Rehan Nasir son of Muhammad Naseer, petitioner, seeks quashing of F.I.R. No. 242 of 2008 dated 17-5-2008; registered with police station Rail Bazar, District Faisalabad, for an offence under section 489-F, P.P.C.
2. In support of this petition for quashing the F.I.R., it has been argued that the allegation in the F.I.R. is false, baseless and malicious; that the F.I.R. has been got recorded by the complainant with the active connivance of S.H.O. concerned; that the cheques could not have been presented for encashment in the presence of injunctive order issued by a civil Court; that F.I.R. had been lodged one year seven months and ten days after the cheques had been dishonoured; that the F.I.R. is a counterblast to a civil suit filed by the petitioner against the complainant for rendition of accounts; that criminal proceedings. have to be stayed while a civil suit is pending; that civil dispute is being transformed into a criminal liability.
3. I have heard the learned counsel for the petitioner and have also perused the available record.
4. In order to appreciate the contention of the learned counsel for the petitioner a factual inquiry needs to be undertaken which cannot be resorted to while this Court is seized of a constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. There is no substance in the argument of the learned counsel that criminal proceedings have to be held in abeyance in all circumstances during pendency of a civil suit, reliance can profitably be made to Haji Sardar Khalid Saleem v. Muhammad Ashraf and others (2006 SCMR 1192) wherein the honourable apex Court has held that criminal proceedings were not barred in presence of civil proceedings and that civil and criminal proceedings could be carried out simultaneously. Likewise no civil Court has got the jurisdiction to prevent presentation of a cheque for encashment, which is a negotiable instrument. Even the injunctive order dated 18-4-2008 granted by the learned Civil Judge had only directed the defendant not to receive money through illegal means and force. Presenting a valid cheque for encashment by no stretch of the argument could be termed as an attempt to receive money by illegal means or by force. There is no merit in this petition which is accordingly dismissed in limine. N.H.Q./R-26/L Petition dismissed.