Haji MURAD ALI JAFERI vs STATION HOUSE OFFICER and another
This matter arises from a writ petition seeking the quashment of a First Information Report (F.I.R.). During the proceedings, the learned Assistant Advocate-General submitted, relying on precedent, that a police report had already been submitted and the matter was sub judice before the Illaqa Magistrate, and therefore the court could not interfere for the quashment of the F.I.R. Furthermore, it was submitted that a prima facie commission of the alleged offence was made out from the F.I.R., rendering the writ petition not entertainable. The Lahore High Court, considering these submissions, held that the writ petition was not maintainable and disposed of it accordingly. The key principle laid down is that a constitutional petition for the quashment of an F.I.R. is not maintainable once a police report has been submitted and the matter is sub judice before the competent magistrate, provided a prima facie case is made out.
- Can a writ petition for the quashment of an F.I.R. be entertained after the police report has been submitted before the Illaqa Magistrate?
- Whether the High Court can interfere for the quashment of an F.I.R. when the matter is sub judice before a magistrate and a prima facie offence is made out?
ORDER
MUHAMMAD AKRAM QURESHI, J.--- While relying upon the case reported as Dr. Ghulam Mustafa v.
The State and another 2008 SCM R 76, learned A.A.-G. Submits that the report of the police has already been submitted in this case and that the matter is sub judice before the learned Illaqa Magistrate. He further informs the Court that after submission of the police report, this Court cannot lay its hand for the quashment of the F.I.R. He further submits that from the perusal of the F.I.R.
Prima facie, commission of the alleged offence is made out and thus, the present writ petition is not entertainable.
2. Considering the submission of learned A.A.-G. Present writ B petition is declared to be not maintainable and thus, it is disposed of accordingly.