Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Pakistan Penal Code, 1860

Section: 353,147,149,341,506(2)

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 353, 147, 149, 341 & 506(2)--Anti-Terrorism Act, 1997, Ss. 6/7--Quashing of FIR--No cognizable offence was made out and FIR was lodged without recording statement of victims and obtaining signatures--Wrongly issued direction for lodgment of FIR--Simple threats were not sufficient to constitute criminal intimidation--Legal and factual position--Question of--Whether Sections 6/7 of ATA and S. 506(ii), PPC were applicable--Domain and jurisdiction of police--Validity--FIR only means to bring law into motion so as to collect material as to whether, in reality, a cognizable offence is made out which requires its determination by a competent Court of law after a legal trial or it shall require a legal disposal at end of police which shall be subject to approval by Court--Administrative jurisdiction should only be exercised where subordinate functionary is found guilty of negligence in performing its function and not otherwise, which too, be not in a manner to pre-empt authority of subordinate functionary--Sections 6 and 7 of Act, are not applicable in matter--Ingredients of criminal intimidation, as defined under Section 503, PPC, are also missing in matter which must exist for application of Section 506(ii), PPC--It is settled principle of law that quashment of FIR could only be ordered when material available on record, if taken as gospel truth, yet does not provide a chance of accused being convicted for any offence--Proceeding culminating to F.I.R, are pending before trial Court, thus petitioner is at liberty to avail alternate remedy before trial Court-- Sections 6, 7 of ATA Section 506(ii) PPC are not applicable in matter in hand hence same are, accordingly, ordered to be deleted; consequently, jurisdiction lies to regular Court. [Pp. 15, 19 & 20] A, B, C, D, E & F Order Salah-ud-Din Panhwar, J.--Through the instant petition, the petitioner seeks quashment of the FIR bearing Crime No. 199 of 2013 u/Ss. 353, 147, 149, 341, 506(2) PPC, S. 6/7 ATA of Police Station, Tando Muhammad Khan, on the plea that no such offence as alleged has been taken place and no cognizable…

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