2001 P Cr (PLP)
MANZOOR AHMAD and 2 others — Petitioners Versus S.H.O. POLICE STATION FACTORY AREA, DISTRICT FAISALABAD and 2
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MANZOOR AHMAD and 2 others — Petitioners Versus S.H.O. POLICE STATION FACTORY AREA, DISTRICT FAISALABAD and 2 |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
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: 2001 P Cr (PLP) (MANZOOR AHMAD and 2 others — Petitioners Versus S.H.O. POLICE STATION FACTORY AREA, DISTRICT FAISALABAD and 2). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M.A. Zafar for Petitioners.
- Muhammad Amin Lone, Asstt. A.-G. (Punjab) for Respondents Nos. 1 and 3.
- Shaukat Rafiq Bajwa for Respondent No.2.
Headnotes / Summary
Ss. 406/420/506/34
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Quashing of F. I. R.
Admittedly if the allegations made in the F.I.R. remained unrebutted, a case was made out
Police Officer, therefore, in registering the case had not acted in breach of S.154, Cr.P.C.
Contention was that the complainant had lodged the impugned F.I.R. to enforce a civil liability and counsel for the accused to prove this contention wanted to place on record some documents which were not permitted to be so placed by High Court, because it was not for the High Court to investigate whether an offence had been committed or not-- Investigation was the job of the Investigating Officer and High Court in exercise of its power of judicial review could compel him to do his job in accordance with law
Stifling investigation of offences was not in public interest
Investigating Officer was accordingly directed to complete the investigation of the case within two months
Constitutional petition was dismissed with the said observation.
Judgment & Decree
M.A. Zafar for Petitioners. Muhammad Amin Lone, Asstt. A.-G. (Punjab) for Respondents Nos. 1 and
3. Shaukat Rafiq Bajwa for Respondent No.2. Date of hearing: 21st November, 2000. Petitioners seek quashment of F.I.R. No.228, dated 9-7-1990 registered against them at Police Station Factory Area, District Faisalabad under sections 406/420/506/34, P.P.C. It is claimed that in fact the parties have a dispute of civil nature and through use of criminal machinery, the complainant-respondent No.2 is attempting to enforce a civil claim.
2. In the written reply, the allegations are denied by respondent No.2, who has maintained that in fact petitioners have committed the crime as narrated in the F.I.R.
3. Learned counsel for the petitioners conceded that if the allegations made in the F.I.R. remained unrebutted, a case is made out. In registering the case, therefore, the S.H.O. cannot be said to have acted in breach of section 154, Cr.P.C. Learned counsel, however, has strenuously urged that in fact respondent No.2 is enforcing a civil liability. For this purpose, he also wanted to place on record some documents.
4. Documents were not permitted to be placed on record for the reason that it is not for this Court to investigate, whether an offence has or has not been committed. That is the job of the Investigating Officer and in the exercise of power of judicial review, this Court can compel him to do his job in accordance with law. It is regrettable that this petition is coming up for final hearing after ten years. Nevertheless, it is not in public interest to kill investigation of offences.
5. I would, therefore, decline interference and dispose of this petition with the direction to the Investigating Officer to try to complete the investigation within two months. No order as to costs. Needless to add that petitioners will have to be associated in the investigation and the evidence/documents, they want to produce in this Court can be produced before the Investigating Officer. N.H.Q./M-413/L Petition dismissed.