SHAFQAT HUSSAIN versus S.H.O. POLICE STATION TOBA TEK SINGH
Article 5 365 of the Constitution of Pakistan, Article Constitution 199 petition in the constitutional petition to abduct, persuade a woman to abduct or force marriage. The FIR was facing serious charges of release of the applicant and other accomplices, the kidnapping and theft of valuable articles from the complainant's home. And to affect their individual recovery of stolen articles, the applicant had not joined the investigation to prove his innocence that the High Court had no jurisdiction to play the role of the Investigation Agency. While detecting innocence using its powers under Article 199 of the Constitution or otherwise, the entire reliance of the accused / applicant is on the preparation of evidence during the trial if the applicant believes that the prosecutor has his / her own guilt. If it does not have sufficient evidence to prove it, then it has the power of section 249A, CRPC Alternatives will be effective treatment. The proceedings under and under the FIR relating to the trial could not be dismissed as it was neither a quorum judgment nor a breach of process nor a breach of the law. An abuse petition was dismissed.
Related judgments — Lahore High Court Lahore, 2011