Law: Criminal Procedure Code (V of 1898)

Section: 22(A)(6),561A

Law: Pakistan Penal Code, 1860

Section: 148,149,382,506

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.382/506/148/149---Theft after preparation made for causing death, hurt or restraint, criminal intimidation---Quashing of F.I.R., petition for---Scope---Generally, the proceedings could be quashed under S.561-A, Cr.P.C., only in cases which either did not disclose the commission of any offence or that the prosecution could not result in conviction of accused---Where the prosecution case was based on the evidence disclosing the commission of offence, then it was the right of prosecution to get an opportunity for proving the allegations---High Court, is such like cases, was not to interfere, as that would amount to interruption of ordinary course of law in criminal proceedings---High Court could only quash criminal cases when the case was of no evidence or the registration of case was proved to be mala fide, or the case was of civil nature, or there was serious jurisdictional defect; or where there was unreasonable delay in the disposal of case---None of those grounds was available in the present case---Investigation in the case was in progress and it was yet to be seen whether the evidence was deficient---At the moment, no mala fide had been established on the part of the complainant for registration of case---If High Court quashed the F.I.R. at that moment, same would amount to taking over the function of investigation agency, which was neither permissible under the law nor would be in the interest of justice---Petitioners/accused should face the proceedings and at any time if they would find that evidence was lacking and discover any other reason entitling for acquittal or discharge, they could move the Police or the court. 2004 SCMR 1892 ref. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, J.--- Through this quashment petition filed under section 561-A Cr.P.C, the petitioners have sought the quashment of F.I.R. No.11 dated 12-1-2011 under sections 382/506/ 148/149, P.P.C. registered against them at Police Station Ghazni Khel, Tehsil and District Lakki Marwat, vide order dated10-1-2011 passed by the learned Additional Sessions Judge-I Lakki Marwat. 2. Facts of the case leading to…

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