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Search Results: Categories: 503 CrPC (1 found)
Sardar HAFEEZ LONI VS The STATE
Citation: 2025 PCrLJ 648
Case No: Constitution Petitions Nos. 1745
Judgment Date: 19/8/2024
Jurisdiction: Balochistan High Court
Judge: Muhammad Kamran Khan Mulakhail and Shaukat Ali Rakhshani, JJ
234 CrPC249-A CrPC403 CrPC489 F PPC503 CrPC539-B CrPC561-A CrPCAcquittalArticle 13Article 199Cheque DishonourConstitutional LawCriminal LawMaintainabilityQuashment
Summary: (a) Constitution of Pakistan
----Art. 199---Constitutional jurisdiction---Maintainability---Alternative remedy---Petitions under Art. 199 for quashment of FIRs and orders under S. 249-A, Cr.P.C.—Scope---Where statutory remedy of revision existed and no constitutional right was infringed, extraordinary jurisdiction could not be invoked merely to circumvent the regular criminal process—However, Court examined legality as petitions were consolidated and involved identical legal questions.
(b) Criminal Procedure Code (V of 1898)
----Ss. 561-A, 249-A & 403—Quashment of FIRs—Double jeopardy—Dishonoured cheques issued on different dates---Distinct transactions---Held, each dishonour arising from separate cheque constitutes a separate cause of action and distinct offence; multiple FIRs, each based on an independently dishonoured cheque, do not attract the bar of S. 403, Cr.P.C. or Art. 13 of the Constitution---Petitioner’s plea that subsequent FIRs were hit by double jeopardy was misconceived—No illegality in dismissal of S. 249-A applications by trial and revisional courts.
Cited Cases:
• *Saira Fatima v. The State* (2024 P Cr.LJ 1289)
• *State v. Saeed Khan* (2021 P Cr.LJ 608)
(c) Criminal Procedure Code (V of 1898)
----S. 234—Joinder of charges—Dishonour of cheques within twelve months—Discretion of trial court---Where several offences of the same kind are alleged within one year, trial court may, on request, join them in a single trial to prevent multiplicity of proceedings.
(d) Criminal Procedure Code (V of 1898)
----Ss. 503 & 539-B—Recording of complainant’s statement through local commission---Legality---Where complainant’s physical appearance before court was impracticable due to health or security concerns, trial court may appoint an advocate-commissioner to record evidence at residence—No prejudice caused to accused if attendance is already dispensed with—Order modifying mode of recording evidence held lawful and within discretion of trial court.
(e) Penal Code (XLV of 1860)
----S. 489-F—Dishonoured cheque—Successive prosecutions---Separate FIRs for distinct cheques dishonoured on different dates do not offend double jeopardy principles; each dishonour gives rise to a fresh and independent offence.
(f) Criminal Justice—Quashment proceedings
----Jurisdiction under S. 561-A Cr.P.C.—Parameters—Only exercisable where continuation of proceedings is manifestly illegal, oppressive, or amounts to abuse of process—Mere existence of multiple FIRs for separate transactions or pendency of trial does not justify quashment.
Disposition ---
All petitions dismissed. Orders dated 20-07-2022 (refusing acquittal under S. 249-A), 15-10-2022 (revisional order), 10-06-2023 (appointment of local commission), and 26-08-2023 (revisional confirmation) upheld. Trial court directed to ensure police security during recording of complainant’s statement at his residence. No order as to costs.