1999 PLP 881 (MLD)
DILAWAR HUSSAIN and 3 others — Petitioners Versus S.H.O., POLICE STATION DHANOOT, DISTRICT LODHRAN and 2 others — Respondents
| Citation | 1999 PLP 881 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | DILAWAR HUSSAIN and 3 others — Petitioners Versus S.H.O., POLICE STATION DHANOOT, DISTRICT LODHRAN and 2 others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 881 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 881 (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 881 (MLD) (DILAWAR HUSSAIN and 3 others — Petitioners Versus S.H.O., POLICE STATION DHANOOT, DISTRICT LODHRAN and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rana Khalid Mehmood for Petitioners.
- Khadim Nadeem Malik, Addl.A.-G. for Respondents.
- 3. Be that as it may, this Court has no jurisdiction to quash the F.I.R. as is, held by the Privy Council in Khawaja Nazir's case (AIR 1945 P.C. 18). This was subsequently debated and approved by the Hon'ble Supreme Court in Shehnaz Begum's case (PLD 1971 SC 677). Subsequently this view was again approved and confirmed by the Hon'ble Supreme Court in Brig Imtiaz's case (1994 SCMR 2142). In the interest of justice and fair play let a copy of the writ petition be sent to D.I.-G. Multan Range, Multan who shall look into the matter personally `and pass an appropriate order strictly in accordance with law. Learned counsel of the petitioner is also directed to hand over a copy of the writ petition to the learned Additional Advocate-General who shall send the same to D.I.-G. Multan Range Multan for necessary action.
Headnotes / Summary
Art. 199
Constitutional petition--Quashing of F.I.R.
High Court had no jurisdiction to quash the F.I.R. in exercise of its Constitutional powers under Art. 199 of the Constitution
Copy of the Constitutional petition in the interest of justice and fairplay, however, was directed to be sent to D.I.-G. concerned for looking into the matter personally and passing an appropriate order strictly in accordance with law
Coustitutional petition was disposed of accordingly.
Judgment & Decree
Rana Khalid Mehmood for Petitioners. Khadim Nadeem Malik, Addl.A.-G. for Respondents. The learned counsel of the petitioner filed to a writ petition for the quashment of F.I.R. No.79 of 1997.
2. The learned counsel of the petitioner contended that the petitioner is involved in the case on account of previous enmity. He further contended that inquiry was conducted and the petitioner was found innocent. Similarly his co accused Ghulam Fareed was declared innocent by the police.
3. Be that as it may, this Court has no jurisdiction to quash the F.I.R. as is, held by the Privy Council in Khawaja Nazir's case (AIR 1945 P.C. 18). This was subsequently debated and approved by the Hon'ble Supreme Court in Shehnaz Begum's case (PLD 1971 SC 677). Subsequently this view was again approved and confirmed by the Hon'ble Supreme Court in Brig Imtiaz's case (1994 SCMR 2142). In the interest of justice and fair play let a copy of the writ petition be sent to D.I.-G. Multan Range, Multan who shall look into the matter personally `and pass an appropriate order strictly in accordance with law. Learned counsel of the petitioner is also directed to hand over a copy of the writ petition to the learned Additional Advocate-General who shall send the same to D.I.-G. Multan Range Multan for necessary action. In the meantime the respondents are directed to act strictly in accordance with law. With these observations this writ petition is disposed of. Civil Miscellaneous No. 1 of 1998 allowed and is disposed of. N.H.Q./D-17/L Order accordingly