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K.L.R. 1997 Criminal Cases 683

ATTA SUBHANI vs ESTATION, CIVIL LINES SLALKOT And 2 Other

CitationK.L.R. 1997 Criminal Cases 683
CourtLahore High Court
Case No.: 1997..
Date1997-04-25
Judge(s)Karamat Nazir Bhandari
ResultN/A

1. ORDERK. N. BHANDARI, J.- Quashment of FIR. No. 85/97. Dated 24.3.1997 registered at Police Station Civil Lines Sialkot. Under sections 379 and 420 PPC is sought on the ground ihat the allegations are absurd and false.2. To a Court question, it was however, not disputed that if the facts alleged are left unrebutted the case is made out. However, the learned counsel insists that this Court should proceed to receive the necessary material showing the absurdity and falsity of the allegations. For this purpose the learned counsel has relied on Mirza Naseem Baig v. Muhammad Iqbal and others (1981 SCM R 315) and Byramd Avari. Etc. v. The State (NLR 1989 Criminal 460).3. I am afraid the contention has no force. Even in the Supreme Court Judgment what has been laid down is that on cogent material this Court can intervene in investigation and quash the FIR. No such cogent material is on the record. The material relied upon in support of this Constitutional petition only prorides the defence of the allegations. These finding^ cannot be returned in Constitutional jurisdiction. The petitioner hasto join the investigation and support his case. If the investigator does notagree, the petitioner has his remedies in the Criminal Procedure Code. 1898.4. No ground to interfere. Dismissed in limine.

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