Constitutional Petition No.S-350 of 2016
Date Order
with Signature of the Judge
Fresh case.
1.For orders on CMA No.1515/2016.
2.For orders on CMA No.1516/2016.
3.For hearing of main case.
3rd
March, 2016.
Mr. Amanullah
Khan Yousufzai, Advocate for petitioners.
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1. Urgency
granted.
2. Exempted for the time being but subject to
all just exceptions.
3. Contents of averments of instant petition
show that petitioners have grievances against the private respondent No.8 &
9 with whom litigations of different nature are subjudice or was instituted in
the shape of criminal and civil nature. Para No.2 of the petition reveals that
petitioner No.2 had lodged FIR No.78/2012 against the respondent No. 8 under
section 420/468/471/ 109/34 PPC with Police Station Boat Basin, Karachi which
is still pending before the court of law. Para No.5 of the petition reveals that
Civil Suit No.63/2015 filed against
respondent No.8 is pending before this Court; Para No.7 shows that respondent
No. 9 had filed Cr.Misc. Application No.455/2015
under section 22-A Cr.P.C. for lodging the FIR against the petitioner, which
was dismissed and Para No.8 of the petition reveals that respondent No.8 with
collusion of respondent No.6 has lodged FIR No.50/2016 under section 506-B PPC
against the petitioner which is subjudice in the court of law.
The above narrated detail reveals that the
controversy between the parties is purely in respect of controversial points of
facts and petitioners intend to drag the respondent Nos. 8 and 9 in instant
proceedings of harassment including official respondents having litigations of
different sorts which controversy cannot be resolved by invoking the extra
ordinary constitutional jurisdiction of this Court under Article 199 of the
Constitution as different litigations are pending between the parties. Accordingly, the instant
petition, having no merits for consideration, is dismissed.
*Aamir/PS* J U D G E