1995 P Cr (PLP)
GHULAM RASOOL — Petitioner Versus SUPERINTENDENT OF POLICE, BHAKKAR and 2 others — Respondents
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GHULAM RASOOL — Petitioner Versus SUPERINTENDENT OF POLICE, BHAKKAR and 2 others — Respondents |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 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: 1995 P Cr (PLP) (GHULAM RASOOL — Petitioner Versus SUPERINTENDENT OF POLICE, BHAKKAR and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Abdus Sattar Chughtai for Petitioner.
Headnotes / Summary
S. 379/411--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14
Constitution of Pakistan (1973), Art.199-- Quashing of F.I.R.
Dispute between the parties, subject-matter of F.I.R., had already been finally settled by the Tehsildar in the proceedings to which the complainant was a party and he had not challenged that judicial order-- Superintendent of Police present in Court had conceded that registration of F.I.R., in circumstances, was an abuse of process of law and misuse of powers
Impugned F.I.R. was consequently declared to be of no legal. consequence being based on misuse of powers and Constitutional petition was accepted accordingly.
Judgment & Decree
S. 379/411--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14
Constitution of Pakistan (1973), Art.199-- Quashing of F.I.R.
Dispute between the parties, subject-matter of F.I.R., had already been finally settled by the Tehsildar in the proceedings to which the complainant was a party and he had not challenged that judicial order-- Superintendent of Police present in Court had conceded that registration of F.I.R., in circumstances, was an abuse of process of law and misuse of powers
Impugned F.I.R. was consequently declared to be of no legal. consequence being based on misuse of powers and Constitutional petition was accepted accordingly. Malik Abdus Sattar Chughtai for Petitioner. Ghulam Rasool, petitioner, has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan for quashment of F.I.R. No.97, dated 9-9-1994 under section 379/411, P.P.C. read with section 14 of Ordinance VI of 1979 registered with Police Station Jandanwala, District Bhakkar on the ground that the dispute, subject-matter of F.I.R., has been finally settled by the Tehsildar vide order, dated 13-7-1994 to which the complainant was a party and against the order of Tehsildar no further remedy has been taken, as such, the F.I.R. on the face of it has no legs to stand. Mr. Manzoor, Superintendent of Police, District Bhakkar is present in Court. He was given sufficient time to go through the petition and also the judicial order of the Tehsildar. After going through the order of Tehsildar, the S.P. very frankly conceded that in such a situation registration of the F.I.R. is just an abuse of process of law and misuse of powers. The S.P. further states that the judicial order of the Tehsildar was not brought to the notice of the S.H.O. when the criminal case was got registered.
3. In view of the above position, I have no hesitation in declaring the impugned F.I.R. to be of no legal consequences being based on misuse of powers. The writ petition is accordingly accepted with no order as to cost. It has been made clear to the S.P. that the police owes duty to the State and not to any political dignitary; they are bound to work and remain within the four corners of Statute creating them. The S.P. may also see the desirability of taking proceedings under section 182, Cr.P.C. N.H.Q./284/L Petition accepted.