P L D 2010 Supreme Court 691
(a) Administration of justice---
----Each and every case is to be decided on its own peculiar facts and circumstances.
(b) Criminal Procedure Code (V of 1898)---
----Ss. 22-A, 22-B, 154 & 200---Constitution of Pakistan (1973), Art.199---Constitutional petition before High Court---Scope---Registration of F.I.R., application for---Demolition of outer wall and gate of applicant's house etc., by respondent with police aid---Dismissal of application by Ex officio Justice of Peace/Additional Sessions Judge after securing report from concerned S.H.O.---Disposal of constitutional petition by High Court directing S.H.O. to look into contents of petition and pass appropriate orders thereon in accordance with law---Validity---Dispute between parties was over such house---Applicant had secured restrain, order against respondent from Civil Court, and for its violation, he had a remedy before Civil Court---Applicant had an alternate remedy to file private complaints against respondent---Applicant had filed another application before Ex-officio Justice of Peace/Additional Sessions Judge to restrain public functionaries from taking action against him under Lahore Development Authority Act, 1975, Rules and Regulations framed thereunder---Application for registration of F.I.R. had been filed with mala fide intention---High Court had erred in law to exercise discretion in favour of applicant---Constitution petition was not maintainable as disputed questions of fact could not be decided in constitutional jurisdiction---Supreme Court set aside impugned order in circumstances.
c) Constitution of Pakistan (1973)---
----Art. 199---Disputed questions of fact could not be decided by High Court in constitutional jurisdiction.
(d) Constitution of Pakistan (1973)---
----Art. 199---Constitutional jurisdiction of High Court---Nature of---Such jurisdiction being discretionary in character need to be exercised after proper application of mind with cogent reasons and not arbitrarily.
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