Lawyers in Islamabad

  PLJ 2025 Civil (Note) 235 [Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat] Present: Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ. GHULAM MUSTAFA--Petitioner versus STATE and 2 others--Respondents W.P. No. 1461-M of 2022 with C.Ms. 2558-M & 2559-M of 2022, decided on 26.1.2023. Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Registration of FIR--Cheque dishonoured--Agreement (iqrarnama)--Quashment of FIR--Power of High Court--Issuance of specific amount cheque on different date--It is a settled law that High Court could neither act as an investigator nor could control investigation or any proceedings pending before a competent Court of law--Courts have right to interpret law and High Court had no jurisdiction whatsoever to take the role of investigating agency--Petition dismissed.              ...

  PLJ 2026 Cr.C. (Note) 172 [Sindh High Court, Karachi] Present: Amjad Ali Sahito, J. Syed MUHAMMAD KHURRAM--Applicant versus STATE--Respondent Crl. B. Appln. No. 418 of 2024, decided on 23.7.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest bail, dismissal of--Allegation of--Dishonoured of cheque--The concession of pre-arrest bail cannot be allowed to an accused person unless Court feels satisfied with seriousness of accused person’s assertion regarding his intended arrest being actuated by mala fide on part of complainant party or local police but not a word about this crucial aspect of matter is found as no mala fide is made on part of complainant to believe that applicant/accused has been implicated in this case falsely--Bail dismissed.                            ...

  PLJ 2021 Islamabad 159 Present :  Lubna Saleem Pervez , J. KHALID NADEEM KIYANI--Petitioners versus I.G. POLICE, ISLAMABAD, etc.--Respondents W.P. No. 2667-Q of 2020, decided on 2.11.2020. Constitution of Pakistan, 1973-- ----Art. 199--Telegraph Act, (XIII of 1885), S. 25-D--Petition for quashment of FIR--Audio recording of petitioner--Threatening call--Non-completion of investigation--Non-submission of challan--Petitioner was on pre-arrest bail--Power of Court--Alternate remedy--Maintainability--Before submission of Police Challan it would be too early to exercise discretion for quashing FIR--Police has not arrested petitioner whose bail before arrest is also pending before Additional Sessions Judge, however, he has been included in investigation--Under law, an alternate remedy under Section 249-A is available to Petitioner before Magistrate, who has ample power to acquit accused on basis of report of Investigating Officer filed under Section 173 Cr.P.C--Instant writ petiti...

PLJ 2006  Lahore  442 (DB) [ Rawalpindi  Bench  Rawalpindi ] Present: Muhammad Akhtar Shabbir and Abdul Shakoor Paracha, JJ. S.M. ISMAIL--Appellant versus CAPITAL DEVELOPMENT AUTHORITY  ISLAMABAD  & 5 others--Respondents I.C.A. No. 161 of 2004, heard on 28.6.2005. (i)  Constitution of  Pakistan , 1973-- ----Art. 199--Maintainability of--Respondent proceeded against appellant and dispossessed him from the site in dispute in violation of mandatory provisions of requiring prior notice--Held: Writ petition before High Court is competent. [P. 449] E (ii)  Constitution of  Pakistan , 1973-- ----Art. 199--Jurisdiction--Public functionaries deriving authority from or under law, are obliged to act justly, fairly, equitably, reasonably, without any element of discrimination and squarely within parameters of law, as applicable in a given situation--Held : Deviations, if of substance, can be corrected through ap...