Raja Salman Akbar VS IG Police Islamabad etc

JUDGMENT SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

JUDICIAL DEPARTMENT

W.P. No. 838 of 2024

Raja Salman Akbar

Versus

IG Police Islamabad, etc.

Date of Hearing: 19.02.2025 Petitioner by: Ch. Ehtisham ul Haq, Mr. Mufeed Khan and Syed Muhammad Nauman Shah, Advocates.

State by: Hafiz Atiullah, State Counsel with Mr. Fazal Khaliq and Zafar Iqbal, Sub-Inspectors P.S. Koral, Islamabad. Mr. Muhammad Ashfaq,

Respondent by: Ch. Muhammad Mohsin, Umar Khayam Khan, Syed Manzoor Hussain, Qazi Adil Aziz, Advocates. Mr. Imran Abbasi, Advocate for complainant.

MUHAMMAD AISF J. Through this consolidated judgment, I shall decide the instant petition along with connected writ petitions which are as under:-

1.W.P. No. 839 of 2024

2.W.P. No. 840 of 2024

3.W.P. No. 841 of 2024

4.W.P. No. 842 of 2024

5.W.P. No. 843 of 2024

6.W.P. No. 844 of 2024

7.W.P. No. 845 of 2024

8.W.P. No. 846 of 2024

W.P. No. 838-2024

9.W.P. No. 847 of 2024 10. W.P. No. 848 of 2024 11. W.P. No. 849 of 2024 12. W.P. No. 850 of 2024 13. W.P. No. 851 of 2024 14. W.P. No. 852 of 2024 15. W.P. No. 853 of 2024 16. W.P. No. 854 of 2024 17. W.P. No. 855 of 2024 18. W.P. No. 856 of 2024 19. W.P. No. 857 of 2024 20. W.P. No. 858 of 2024 21. W.P. No. 859 of 2024 22. W.P. No. 860 of 2024 23. W.P. No. 861 of 2024 24. W.P. No. 862 of 2024 25. W.P. No. 863 of 2024 26. W.P. No. 864 of 2024 27. W.P. No. 902 of 2024 28. W.P. No. 903 of 2024 29. W.P. No. 904 of 2024 30. W.P. No. 905 of 2024 31. W.P. No. 906 of 2024 32. W.P. No. 907 of 2024 33. W.P. No. 908 of 2024 34. W.P. No. 909 of 2024 35. W.P. No. 910 of 2024 36. W.P. No. 911 of 2024 37. W.P. No. 912 of 2024 38. W.P. No. 913 of 2024 39. W.P. No. 914 of 2024

W.P. No. 838-2024

40.W.P. No. 915 of 2024

41.W.P. No. 163 of 2025

42.W.P. No. 164 of 2025

43.W.P. No. 165 of 2025

44.W.P. No. 168 of 2025

45.W.P. No. 147 of 2025

46.W.P. No. 148 of 2025

47.W.P. No. 149 of 2025

48.W.P. No. 150 of 2025

49.W.P. No. 151 of 2025

50.W.P. No. 152 of 2025

51.W.P. No. 153 of 2025

52.W.P. No. 154 of 2025

53.W.P. No. 155 of 2025

54.W.P. No. 156 of 2025

55.W.P. No. 158 of 2025

56.W.P. No. 159 of 2025

57.W.P. No. 160 of 2025

2.The petitioner (Raja Salman Akbar) through instant W.P. No. 838/2024 filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (“Constitution”) has sought quashment of FIR No. 1104/2023, dated 01.09.2023, (“Subject FIR”) registered under sections 420, 468, 471 of Pakistan Penal Code, 1860 (“PPC”) at Police Station Koral, Islamabad.

3.Succinctly, the petitioner along with the partner Ch. Abdur Rehman for last two decades launched and developed housing projects with the name of Ghouri Town, Akbar Enclave and Rehman Enclave, etc. The late father of the petitioner during his lifetime sold the above Housing Projects to one Ch. Muhammad Usman Akram along with all liabilities through different sale agreements i.e.

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14.10.2016, 28.03.2017. 26.04.2017 and 10.11.2017. After execution of sale agreements, the new owner took the control of the whole land/ Housing Projects and started dealing directly with the allotees and other land owners. In 2021, father of the petitioner passed away and after his death the said Ch. Muhammad Usman Akram filed the suit for specific Performance of the said agreements on 01.03.2023, which is still pending and Ch. Muhammad Usman Akram has also filed the suit for declaration, cancellation of agreement dated 19.5.2020, recovery of amount, permanent and mandatory injunction which is also pending before the Court of competent jurisdiction. The petitioner is one of the legal heirs of the deceased Raja Ali Akbar amongst 17 other legal heirs. All the Housing Projects previously launched by the father of the petitioner were handed over to Ch. Muhammad Usman who is also claiming his rights through the suits mentioned above, however, the respondents tainted with malafide intention and ulterior motives have registered the fake and false FIR No. 1104/2023 against the petitioner. Apart from said FIR multiple other FIRs are also registered on the same set of allegations against the legal heirs of the late Raja Ali Akbar regarding the same project, which show the malafide, high headedness and abuse of power on the part of the local police. The registration of referred FIR against the petitioner is a result of malafide intention, ulterior motives on the part of respondents, which is liable to be quashed.

4.The learned counsel for the petitioner submits that the Subject FIR has been registered on the written complaint of the respondent No. 6, who has falsely implicated the petitioner in his application, wherein, the FIR was registered. The respondent No. 6 has no concern with the affairs of the Housing projects and land therein. There exists no agreement between the petitioner and respondent No. 6 and multiple suits are pending adjudication before the learned trial Court. The ownership, management, liabilities and affairs of all the

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projects have been shifted to Ch. Muhammad Usman after the execution of the sale agreements. The civil litigation is already pending, wherein the said Ch. Muhammad Usman Akram is claiming his ownership. The Subject FIR is in chain of other multiple FIRs registered against the petitioner and his family members on the same set of allegations. It is settled principle of law that after the death of the predecessor of the petitioner, no criminal proceedings can be initiated against the legal heirs of the deceased on his behalf. The respondents have no jurisdiction to interfere in the civil matters of land but they have illegally dragged the civil litigation into criminal proceedings by way of registering Subject FIR against the petitioner. After going through the facts and evidence available on record, no case of criminal nature at all is made out against the petitioner, hence further proceedings in the matter would amount to abuse of process of court, therefore, the Subject FIR is liable to be quashed.

5.On the other hand, the learned State Counsel assisted by the counsel for the respondent No. 6 vehemently opposed the contention raised by the counsel for the Petitioner by contending that the petitioner is nominated with specific allegation of commission of fraud; that he was found guilty during the course of investigation and that challan has already been submitted before the court of competent jurisdiction, where the petitioner retains alternate efficacious remedy, therefore, the petition is liable to be dismissed.

6.I have heard the learned counsel for the parties and gone through the record with their able assistance.

7.As per the record, the petitioner pleads for quashing of FIR by invoking Constitutional jurisdiction vested in this Court in terms of Article 199 of the Constitution and in terms of Section 561-A Cr.P.C. The High Court may quash judicial proceeding under Section 561-A Cr.P.C pending before any Subordinate Court, in case if, the High

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Court finds it necessary to pass such an order from preventing to abuse the Court process or for securing the ends of justice. Reliance is placed upon the case of “FIA through Director General, FIA and others v. Syed Hamid Ali Shah and others” (PLD 2023 SC 265).

8.Another important aspect of the jurisdictional compass of this Court is when police report (whether interim or complete) under Section 173 Cr.P.C is submitted before the Court concerned, question of annulment/quashment of an FIR becomes irrelevant and redundant for all its practical purposes thereafter proper recourse and remedy available to an accused is to invoke the jurisdiction of the trial Court to get himself/herself exonerated under Section 249-A, Cr.P.C (in case of trial by Magistrate) or under Section 265-K, Cr.P.C (in case of trial by Sessions Court) as chapter of quashment of FIR stands closed after submission of police report under Section 173 Cr.P.C

9.For the above multiple reasons, the petition in hand meritless and there exists no exceptional ground warranting quashing of subject FIR, consequently, the instant writ petition along with connected writ petitions are dismissed.

(MUHAMMAD ASIF)

JUDGE

**//Kamran//**