Sanaullah vs Inspector General of Police Balochistan, Quetta Ss — 2025 MLD 1720 QUETTA-HIGH-COURT-BALOCHISTAN

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Sanaullah VS Inspector General of Police Balochistan, Quetta Ss. 561-a & 154---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), S. 489-F---Quashing of FIRs---Scope---Powers of High Court---Scope---Multiple FIRs of same incident---Legality ---With regard to an incident of a particular offence or a criminal indictment two or more FIRs cannot be registered, even if the adversial party has a different version to offer---Complainant lodged FIR, averring therein that on 31.10.2018 he entered into an agreement with petitioner and others regarding sale of tyres of truck amounting to Rs.32,300,000/-(Thirty Two Million Three Hundred Thousand), which had to be paid up till 01.09.2018, but on failure it was agreed that from 01.12.2018 onwards he would pay 2,000,000/- (Twenty lacks) per month, commencing from 01.12.2018, thus on 31.10.2018 sixteen (16) postdated cheques were issued, which were incorporated in the purported agreement dated 31.10.2018 and that when the cheques were presented in the bank for encashment, the same were dishonored---admittedly, the allegations contained in the FIRs in question revolved around similar set of allegations, transactions and dishonor of the cheques, thus the said FIRs merited to be quashed as the same could not be allowed to hold field for being impermissible under the law, whereof it could be gathered with no other view that the FIRs in question were based on malice and nothing else, making the petitioner incapacitated to get bail and furnished huge sureties time and again---Undeniably, a person cannot be vexed twice for the same offence as it offends art.13 of the Constitution on the principle of double jeopardy---Legal heirs of the complainant had also resorted to the remedy by filling a summary suit as contemplated under O.XXXVII of C.P.C., which was subjudice before the Civil Court---Thus, two FIRs registered at different police stations were nullity in the eyes of law, amounting to abuse of process of law, which would cause gross miscarriage of justice---Said FIRs were quashed, in circumstances---Petition was partly allowed.

Sanaullah vs Inspector General of Police Balochistan, Quetta Ss — 2025 MLD 1720 QUETTA-HIGH-COURT-BALOCHISTAN

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