Constitutional Petition No. D-3612 of 2012
Date Order with Signature of the Judge
1.For hearing of CMA No. 39816/2012.
2.For hearing of CMA No. 39817/2012.
3.For hearing of main case.
12th April, 2018.
Mr. Suhail Hameed, Advocate for petitioner.
Mr. Muhammad Iqbal Awan, Deputy Prosecutor General, Sindh.
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Aftab Ahmed Gorar, J.:- In compliance of earlier order dated 26.10.2017, learned counsel for the petitioner while arguing the matter, has reiterated the facts and grounds which are mentioned in the memo of petition and sought the following reliefs:-
a) Declare that the act of the Respondent No.1 to declare petitioner’s son namely Mohammad Ali Akbani as a proclaimed offender in Criminal Case No. 1271/2012, by order dated 31.05.2012 was in violation of section 73, 75, 83, 84 and 87 of the Criminal Procedure Code and Articles 4 and 10-A of the Constitution of Pakistan providing for due process of law, and therefore, without lawful authority, void and no legal effect.
b) Order of quashment of Criminal Case No. 1271/2012 (FIR No.282/2011) against the Petitioner’s son namely Muhammad Ali Akbani, before IInd Judicial Magistrate Karachi-South lodged by the Respondent No.4 against the petitioner’s son, namely Mohammad Ali Akbani to use the said criminal case as an instrument to cause harassment and coercion on the petitioner’s son through abuse of the process of the court who has resigned from respondent No.4 and refused in spite of offer of better package to rejoin respondent No.4.
c) Suspend order dated 31.05.2012 declaring petitioner’s son, namely Muhammad Ali Akbani, as proclaimed offender as being passed mechanically and in violation of Sections 73, 75, 83, 84, 86 and 87 of the Cr.P.C.
d) Order to suspend proceedings in Criminal Case No.1271/2012 (FIR No.282/2011) against petitioner’s son namely Muhammad Ali Akbani, pending before the IInd Judicial Magistrate South, Karachi pending the decision of the above petition.
e) Grant any other relief deemed fit by this Honourable Court in the facts and circumstances of the above petition, including the taking of administrative action against the learned IInd Judicial Magistrate (south) Karachi for colourable exercise of power and abuse of the processes of law and Court.
2. Perusal of averments of petition reveals that petitioner’s son has been declared absconder in Criminal Case No. 1271 of 2012 arising out of Crime No. 282 of 2011 pending before IInd Judicial Magistrate Karachi-South and through the instant petition, the petitioner who is father of absconding accused sought suspension and quashment of above case/crime instead of availing remedy before the competent court of law. Reference in this respect be made to the case of MUHAMMAD FAROOQ V/S AHMED NAWAZ JAGIRANI & OTHERS (PLD 2016 Supreme Court 55). It may not be out of place to mention here that invoking the Constitutional jurisdiction of the High Court instead of availing of remedy provided for under the relevant law would only be justified when the impugned order/action was palpably without jurisdiction as to force an aggrieved person in such a case to approach the forum provided under the relevant statute may not be just and proper. The extraordinary constitutional jurisdiction of this Court under Article 199 of the Constitution is equitable and discretionary and is to be exercised only where substantial rights of a party have been invaded in flagrant violation of law and which can be established without any comprehensive inquiry into the facts. Even otherwise, it is settled law that fugitive from law and Courts loses some of his normal rights granted by the procedure as well as substantive law. Reliance in this regard may be placed on the case of Muhammad Sadiq's case (PLD 1985 SC 182).
3. In view of above the petitioner is directed to approach the concerned Court for redressal of his grievances. The petition is not maintainable which is dismissed alongwith pending applications.
J U D G E
*Aamir/PS* J U D G E