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 2023 Islamabad (Note) 98 Present:  Lubna Saleem Pervez, J. Sheikh  MUHAMMAD NADEEM--Petitioner versus STATE and another--Respondents W.P. No. 2234-Q of 2019, decided on 29.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution   of Pakistan, 1973, Arts. 199, 249-A & 265-K--Quashment of FIR--Maintainability--Alternate remedy--Petitioner has alternative efficacious remedy in terms of Sections 249-A and 265-K, Cr.P.C. can he applied at appropriate stages, even at initial stages of trial--Instant writ petition is not maintainable as petitioner has an adequate, alternate remedy available to him under Section 249-A, Cr.P.C.,--No prejudice would be caused to Petitioner through dismissal of this petition as investigation is completed and his bail before arrest has already been confirmed by concerned Court--Petition dismissed. [Para 8 & 9] B & C 2016 PCr.LJ 693. Quashment of FIR-- ----“The law is settled by now that after taking of cog...

  PLJ 2021 Cr.C. 1145 [Balochistan High Court, Quetta] Present :  Muhammad Hashim Khan Kakar , J. BISMILLAH--Appellant versus STATE--Respondent Crl. A. No. 34 of 2020, decided on 15.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410-- Pakistan  Penal Code, (XLV of 1860), S. 324--Criminal appeal-- Held:  It is by now settled that acquittal is acquittal whether it is on basis of a declaration by a Court on conclusion of trial that someone is not guilty of charge or at any stage Wider Section 249-A or 265-K, Cr.P.C. or on basis of compromise under Section 345, Cr.P.C.-- In view of dictum laid down by Hon’ble Supreme Court in aforementioned case, which was reiterated in Suo Muto case No. 3 of 2017, no distinction can be drawn between an acquittal on basis of compromise in compoundable offences or an acquittal by way of benefit of doubt--consequences in each case would be same--In context of provisions of Section 345 (6), Cr.P.C. effect of an acquittal record...

  PLJ 2023 Cr.C. (Note) 30 [Sindh High Court, Karachi] Present :  Naimatullah Phulpoto and Shamsuddin Abbasi, JJ. STATE through Deputy Attorney General of Pakistan--Appellant versus SHOAIB AHMED SHEIKH and others--Respondents Crl. Acq. A. 390 of 2016 & Crl. Acq. A. No. 60 of 2017, heard on 26.2.2018. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--There can be no dispute that an application under Section 249-A, Cr.P.C. can be filed, taken up for hearing and decided at any time or stage of proceedings and words “at any stage” denote that application under Section 249-A, c, Cr.P.C. can be filed even before prosecution evidence had been recorded or while exercise of recording of evidence is going or when exercise is over--It is, however, to be noted that though there is no bar for an accused person to file application under Section 249-A, Cr.P.C. at any stage of proceedings of case yet facts and circumstances of prosecution case will have to be kept in mind and cons...