Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.---Ss.561-A, 190, 200 & 201---.---Penal Code (XLV of 1860), Ss. 161, 409 & 420---.---Taking illegal gratification, criminal breach of trust by Banker, cheating and dishonestly inducing delivery of property---.---Quashing of FIR---.---Trial Court entertained the complaint of State owned Bank---.---On receiving a detailed report from the Bank, Trial Court, directed the S.H.O. concerned for registration of FIR against the petitioners under Ss.161, 409 & 420, P.P.C.---.---Petitioners, had filed petition for quashing of FIR on the ground that Trial Court had no jurisdiction to direct registration of FIR against them and that Trial instead of recording the statement of the complainant, and making direction for conducting inquiry, had started investigation in the case and sought report of the Bank---.---On receipt of detailed reply from the Bank Trial Court did not give direction for conducting inquiry and passed order for registration of FIR---.---Validity---.---Course adopted by the Trial Court, was not supported by law as envisaged under S.190, Cr.P.C.; which provided that court could take the cognizance of offence upon receiving a complaint of fact, which constituted such offence---.---Trial Court was bound to order for inquiry to be conducted, or transfer the case to the Court of Session---.---Trial Court without fulfilling the mandate of law gave directions for registration of FIR, which course was not permissible under the law---.---Record was silent in respect of demanding bribe, question of breach of trust also did not arise in the case---.---Case was fit in which the power under S.561-A, Cr.P.C., could be exercised, in order to prevent the abuse of the process of law, or to secure the ends of justice---.---In absence of any evidence in respect of allegations levelled against the petitioners, any criminal proceedings in the case would amount to mere abusing the process of law---.---FIR recorded against the petitioners, was directed to be quashed, in circumstances. Bashir Ahmed v. Zafar-ul-Islam, PLD 2004 SC 298 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.------ This…

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