ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-1886 of 2013
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Date Order with signature(s) of Judge(s)
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For Katcha Peshi
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31.05.2013
Mr.
Shaukat Ali Phull, Advocate
along with Petitioner.
Mr.
Ahmed Ali Shah, A.A.G. along with S.I.P. Muhammad Ashiq
of P.S. Korangi Industrial Area, Karachi
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Through this constitution petition
filed on 03.05.2013, petitioner Alam Khan seeks
following reliefs:
(i)
To declare the above
false and bogus FIRs bearing No.346/2012 under sections 467, 468, 471, 452,
337-A(i)(i)/F(v)/147, 148, 149, 504 PPC of P.S Thari Mirwah and F.I.R. No.1109/2012 under sections 364, 395, 109
PPC of P.S. Kornagi Industrial Area, Karachi as null
and void and the same may be quashed.
(ii)
To direct the
respondent No.8 to lodge F.I.R. against the respondents No.2, 5, 6 and 7 for
breach of trust and also direct to respondent No.7 to lodge F.I.R. against
respondent No.3 and 4 for deposing false statements on oath.
(iii)
To direct the
respondent No.6 to lodge F.I.R. against the respondent No.1 for lodging false
F.I.R.
(iv)
To direct the Pakistan
Bar Council and Sindh Bar Council to terminate the license of advocacy of the
respondent No.2 for his illegal acts and for breach of trust.
(v)
Cost of proceedings may
also be awarded.
(vi)
Any other relief or
reliefs which this Honourable Court may deem fit and proper in the
circumstances of the case.
It is the case of the petitioner that he permanently
resides with his brother Muhammad Ibrahim at Taluka Thari Mirwah, District Khairpur. Zakir Hussain respondent No.2 is also resident of same locality,
the father of Zakir Hussain
namely Manzoor Hussain, the respondent No.1 gave his
agricultural land to the petitioner and his brother for cultivation purpose.
The respondent No.2 compelled the petitioner and his brothers to give him the
entire production of the land to him to which the petitioner refused. It is
alleged that petitioner asked respondent No.1 and 2 to settle the accounts,
which annoyed them and respondent No.1 Manzoor Hussain lodged F.I.R. against the petitioner Alam Khan and his family bearing No.346/2012 under sections
467, 468, 471, 452, 337-A(i)(i)/F(v)/147, 148, 149, 504 PPC at P.S Thari Mirwah on 17.12.2012.
Consequently, the brother of the petitioner was arrested. It is alleged that
another F.I.R. No.1109/2012 under sections 364, 395, 109 PPC was also lodged on
16.02.2012 at P.S. Kornagi Industrial Area, Karachi by
one Faqeer Ali Akbar Mangi
against the petitioner and his family at the instance of respondent No.2.
Notices were issued to the respondents as well as Advocate
General Sindh for para-wise comments. S.H.O. P.S. Korangi Industrial Area has filed comments but
unfortunately S.H.O. P.S. Thari Mirwah,
District Khairpur failed to file comments.
In the comments filed by S.H.O. P.S. Korangi
Industrial Area it is stated that F.I.R. No.1109/2012 under sections 364, 395,
109 PPC was lodged by Faqeer Ali Akbar Mangi regarding kidnapping of his daughter Adaalat aged about 5 years and snatching of the cash
against accused Farooq son of Mehrdin
and others. After usual investigation challan has been submitted under section
512 Cr.PC.
Upon careful scrutiny of the material placed on record and
close assessment of the respective contentions of the counsel for the parties
we are of the considered view that the case baring No.1109/2012 has been challaned under section 512 Cr.PC before the competent
court of law. Article 199 of the Constitution provides that the same cannot be
invoked if alternate remedy is available to aggrieved person. Hence, petitioner
in F.I.R. No.1109/2012 may approach trial Court and no case for quashment is
made out. There are also serious allegations against the petitioner and his
family in F.I.R. No.346/2012 under sections 467, 468, 471, 452,
337-A(i)(i)/F(v)/147, 148, 149, 504 PPC of P.S Thari Mirwah. At this stage we see no ground to quash the
proceeding in the aforesaid F.I.R. It is settled law that High Court cannot
interfere in the investigation and the quashment of the F.I.R. amounts to
throttle the investigation. F.I.R. can only be quashed when no offence is made
from the facts. Reliance can be placed on the case of The State through Prosecutor
General Punjab versus Sultan Ahmed and others (PLD 2007 Supreme Court 48), wherein
it has been held as under:
“8. Be that as it may, the fact remains that an
F.I.R. could not have been quashed or the same could not have even been
cancelled only because a section of a law creating an offence which was
mentioned in the F.I.R. did not stand made out but it could have been done only
and only if it could be declared that no offence whatsoever was disclosed by
the facts alleged through such an F.I.R. or a complaint etc.”
Consequently,
there is hardly any merit in the submissions of learned counsel for the
petitioner.
For the aforesaid facts and reasons
the petition is dismissed.
JUDGE
JUDGE
Gulsher/PA