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Petitioner: Rana ZULFIQAR ALI VS Respondent: S.H.O., C.B.C. F.I.A., MULTAN and others
Court Name: Supreme Court of Pakistan Judge(s): Raja Afrasiab Khan, Zia Mahmood Mirza Title: Rana ZULFIQAR ALI vs S.H.O., C.B.C. F.I.A., MULTAN and others Case No.: Civil Petition No,1653-L of 1996 I.C.A. No,44 of 1996 Date of Judgment:1997-02-16 Reported As: 1998 SCMR 106 Result: Order accordingly
JUDGMENT
JUDGMENT ' ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against an order of a learned Division Bench of Lahore High Court, Multan Bench, dated 6-5-1996 dismissing the petitioner's appeal (I.C.A. No,44 of 1996) directed against the judgment of a learned Single Judge dated 10-4- 1996 whereby petitioner's request for registration of a case against the respondents/officials of Small Business Finance Corporation was declined with the observation that the petitioner having already moved an application to the Federal Investigating Agency "may approach the concerned Inquiry Officer and got the matter inquired if he is so advised." Feeling aggrieved, petitioner took the matter in appeal (I.C.A. No,44 of 1996) which, as stated above, has been dismissed by a learned Division Bench of Lahore High Court vide order dated 6-5-1996 holding that "The amount of finance if at all sanctioned in the sum of Rs,3 lacs was in the nature of contract. There was mutual obligations between the parties and the same entailed facts which were to be ascertained at each and every step by the loanee institution. If the contractual obligations are allowed to be enforced through the filing of the writ petitions, the Statute by the name of Specific Relief Act shall become redundant. This Court shall not assume the function of determination of disputed facts. The writ petition was rightly dismissed by the learned Single Judge." 2. We have heard the learned counsel for the Petitioner as also the learned Deputy Attorney- General. The latter on our direction has contacted F.I.A., Multan and states that the F.I.A. Has since completed the inquiry on the complaint of the petitioner and will submit the report to the F.I.A. Headquarters, Islamabad within a week. 3. It appears that the proceedings on the petitioner's complaint before the F.I.A. Were pending when he filed the writ petition. In the circumstances, the learned Single Judge rightly disposed of the
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petitioner's writ petition with the direction that he may approach the inquiry officer in the F.I.A. And get the matter inquired into. Now that the inquiry has been completed by the F.I.A. Petitioner should better await the result of that inquiry. With this observation, this petition is disposed of.