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Petitioner: Engineer BASHIR AHMED VS Respondent: SENIOR SUPERINTENDENT OF POLICE and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Mamoon Kazi Title: Engineer BASHIR AHMED vs SENIOR SUPERINTENDENT OF POLICE and 4 others Case No.: Criminal Petition No, 171 of 1997 I.C.A. No, 38/97 Date of Judgment:1998-03-10 Reported As: 1998 SCMR 1047 Result: Leave granted
Judgment ORDER ' MAMOON KAZI, J.---F.I.R. Lodged by the petitioner before the Magistrate 1st Class, Islamabad, under section 420/471/468/406, P.P.C. Was cancelled under section 173, Cr.P.C. On the ground that civil proceedings in respect of the same subject-matter had been dismissed by the Civil Court. 2. The petitioner challenged the said order first before a learned Single Judge of the High Court and subsequently in Intra-Court Appeal but without any success as it was held that alternate relief was available to the petitioner in the form of a private complaint. 3. Leave is granted to consider; (i) whether a private complaint under the circumstances of the case, could afford an adequate alternate remedy to the petitioner, and (ii) whether there was justification in disposing of the petitioner's complaint under section 173, Cr.P.C. On the said grounds.