KHURRAM IMTIAZ vs ADDITIONAL SESSIONS JUDGE, ISLAMABAD art — 2023 PCrLJ 640 ISLAMABAD

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KHURRAM IMTIAZ VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD art. 199---Constitutional jurisdiction of High Court---Discretionary jurisdiction---Scope---For discretionary and equitable relief, it is a pre-condition that the parties should approach the Courts with clean hands, in order to get the relief. Citation Name: 2023 PCrLJ 640 ISLAMABADBookmark this Case KHURRAM IMTIAZ VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD art. 199---Constitutional jurisdiction of High Court---Writ of certiorari---Scope---Writ of certiorari is only available to quash a decision for an error of law---It is also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction---High Court in exercise of its writ jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal. Citation Name: 2023 PCrLJ 640 ISLAMABADBookmark this Case KHURRAM IMTIAZ VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD Ss. 22-a & 22-B---Powers of Ex-officio Justice of Peace---Filing successive petitions with false affidavits---Private respondents got lodged an FIR against the petitioner and his father under S. 489-F, P.P.C.---Petitioner, as a counterblast, filed an application for registration of FIR against respondents---Ex-officio Justice of Peace dismissed the application filed by petitioner---Petitioner filed second petition before Ex-officio Justice of Peace for recording his defense version with the certificate that it was the first petition on the subject matter---Second petition was dismissed for non-appearance on behalf of petitioner---Third petition for registration of FIR on the basis of same allegation was filed by the petitioner along with affidavit that this was the first petition on the subject matter---Third petition was dismissed as withdrawn---When the ulterior motives of the petitioner were not achieved from the District Courts at 'I', he filed an application under Ss. 22-a & 22-B, Cr.P.C. in the another district with the certificate that it was the first petition on the subject---Ultimately this time an FIR was registered against the respondents under Ss. 406 & 506, P.P.C.---Petitioner filed yet another application before Ex-officio Justice of Peace in the latter district and consequently, an FIR under S. 406, P.P.C. and Ss. 3 & 4 of the Punjab Prohibition of Private Money Lending act, 2007 was registered against the respondent---Petitioner, during the course of arguments, did not inform the High Court about the fact of filing of petitions and registration of criminal cases in the latter district--- Petitioner had committed cheating, fraud, misrepresentation and concealment of facts with the Courts of law with mala fide intention and ulterior motives in order to get favourable decisions---Writ petition was dismissed with special cost and a direction to the Sessions Judge, Islamabad for initiating criminal proceedings against the petitioner for executing false affidavits.

KHURRAM IMTIAZ vs ADDITIONAL SESSIONS JUDGE, ISLAMABAD art — 2023 PCrLJ 640 ISLAMABAD

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