ABDUL HAMEED BALOCH, J.--- The petitioner filed instant constitution petition with the prayer: "It is, therefore, in view of the above submissions, respectfully prayed that the respondents may kindly be called upon to explain their position regarding not tracing out the missed/abducted two daughters of the petitioner namely Maryam and Mah Noor at the hands of respondent No. 1 and after tracing out, the custody of the daughters may be handed over to the petitioner , in the interest of justice, equity and fair play ."
2. Precise facts of the case are that the petitioner lodged FIR No. 73 of 2019 with Police Station Gawalmandi, Quetta on 24th May, 2019 against the respondent No. 1 regarding wrongfully confining and abduction of her daughters Mah Noor and Maryam while enticing/ taking away/ detaining her daughters with criminal intent.
3. Heard learned counsel for the petitioner at length and perused the record. It depicts that the petitioner got registered an FIR No. 73 of 2019 on 24th May, 2019 at Police Station Gawalmandi, Quetta, against respondent No.
1. The challan of the case has been submitted. The trial court (Sessions Judge (Ad hoc)/ MCTC-1, Quetta), has taken cognizance of the case, framed charge and recorded statements of four witnesses and the trial is yet to be concluded. The petitioner has agitated the same matter before this court on constitutional jurisdiction. The record reveals that the petitioner has obtained Khula from respondent No. 1 by approaching the court of law. Admittedly there is personal grudge and dislike of petitioner towards the respondent No. 1. The petitioner has invoked the constitutional jurisdiction or this court despite the fact that criminal proceedings are pending against the respondent No. 1. The petitioner could not invoke the jurisdiction on the same matter simultaneously . Reliance is placed on the case of Mehmood Medical Store through proprietors v. Services Hospital Lahore through Medical Superintendent 2012 YLR 174 (Lahore).
In view of above the constitutional petition is dismissed in limine.