Engineer BASHIR AHMED vs SENIOR SUPERINTENDENT OF POLICE and 4 others
This matter comes before the Supreme Court of Pakistan by way of leave to appeal arising from concurrent decisions of the High Court, which dismissed the petitioner's constitutional challenges against the cancellation of a First Information Report. The F.I.R. lodged by the petitioner under sections 420, 471, 468, and 406 of the Pakistan Penal Code was cancelled under section 173 of the Code of Criminal Procedure on the sole ground that parallel civil proceedings concerning the same subject-matter had been dismissed by a Civil Court. The High Court held that the petitioner had an adequate alternate remedy through the institution of a private complaint. The Supreme Court granted leave to consider whether a private complaint constitutes an adequate alternate remedy under such circumstances, and whether the cancellation of the police report under section 173 of the Code of Criminal Procedure on the aforesaid ground was legally justified.
- Whether a private complaint under the circumstances of the case, could afford an adequate alternate remedy to the petitioner?
- Whether there was justification in disposing of the petitioner's complaint under section 173, Cr.P.C. on the ground that civil proceedings had been dismissed?
- Section 420, Pakistan Penal Code
- Section 471, Pakistan Penal Code
- Section 468, Pakistan Penal Code
- Section 406, Pakistan Penal Code
- Section 173, Code of Criminal Procedure 1898
ORDER
' MAMOON KAZI, J.---F.I.R. Lodged by the petitioner before the Magistrate 1st Class, Islamabad, under section 420/471/468/406, P.P.C. Was cancelled under section 173, Cr.P.C. On the ground that civil proceedings in respect of the same subject-matter had been dismissed by the Civil Court.
2. The petitioner challenged the said order first before a learned Single Judge of the High Court and subsequently in Intra-Court Appeal but without any success as it was held that alternate relief was available to the petitioner in the form of a private complaint.
3. Leave is granted to consider; (i) whether a private complaint under the circumstances of the case, could afford an adequate alternate remedy to the petitioner, and (ii) whether there was justification in disposing of the petitioner's complaint under section 173, Cr.P.C. On the said grounds.