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2013 P Cr. L J 1012

RIFAT ULLAH KHAN vs The STATE and 2 others

Citation2013 P Cr. L J 1012
CourtPeshawar High Court
Case No.Criminal Miscellaneous Quashment Petition No,2 of 2012
Date2013-02-04
Judge(s)Shah Jehan Khan Akhundzada
ResultPetition dismissed

' SHAH JEHAN KHAN AKHUNDZADA, J.---Through the instant petition filed under section 561-A, Cr.P.C.

The petitioner, namely, Rifatullah Khan, seeks the quashment of F.I.R. No,934 dated 11-19-2012 registered under section 496-A, P.P.C. Mainly on the ground that the contents of the F.I.R. In question are totally false and frivolous.

2. Learned counsel for the petitioner vehemently argued at the bar that the petition in hand is based on sound reasons having substance in it.

3. On the other hand, the learned Deputy Advocate-General present in court accepts notice and resisted the petition on various factual and legal grounds.

3(sic.) Having heard and considered the arguments of the learned counsel for the parties, perusal of the record reveals that the contents of the F.I.R. Constitutes the commission of a cognizable offence and for reaching to a correct conclusion, proper investigation, enquiry and pro and contra evidence is required to be recorded in the court of competent jurisdiction. Therefore, in these circumstances, the entertainment of this petition is unjustified on account of having no substance in it.

3(sic.) As a result, while placing reliance on the dictum handed down by the honourable apex Court in the case-law reported as Bashir Ahmad v. Zafer-ul-Islam (PLD 2004 Supreme Court 298) and Sher Afgan Khan Niazi v. Ali Habib and others (2011 SCM R 1813), this quashment petition being meritless is hereby dismissed in limine.

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