Law: Criminal Procedure Code (V of 1898)

Section: 63,551,561-A

Law: Police Rules, 1934

Section: 7,24

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 561-A --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Inherent jurisdiction of High Court --------- Petition for quashing of FIR --------- High Court refrained from quashing FIR at the first instance while exercising powers under Art. 199 of the Constitution or under S. 561-A, Cr.P.C. --------- Extraordinary jurisdictional powers could only be used by the High Court in very rare cases to quash FIR. (b) Criminal Procedure Code (V of 1898) --------- ----------S. 561-A --------- Quashing of FIR --------- Scope --------- High Court declined to quash FIR on ground that it was registered in violation of a provision of law, if actually an offence was committed and there was no finding that FIR was false or maliciously lodged. Industrial Development Bank of Pakistan and others v. Mian Asim Fareed and others 2006 CLD 625 rel. (c) Criminal Procedure Code (V of 1898) --------- ----------Ss. 551, 561-A & 63 --------- Police Rules, 1934, R. 24.7 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Quashing of FIR --------- Alternate remedies --------- Cancellation of case --------- Scope --------- High Court could not directly quash FIR and person seeking to quash FIR must in first instance avail alternate remedies --------- Foremost remedy was to appear before Investigating Officer to plead and prove his innocence --------- Another remedy was to approach higher Police authorities vested with powers under S.551, Cr.P.C. --------- Under R. 24.7 of Police Rules, 1934, police had powers for cancellation of case, if during an investigation, it was made out that a false case had been registered and cancellation report so prepared by police was placed before Magistrate for procuring cancellation order of FIR --------- Once investigation was completed and Investigating Office submitted case before Magistrate then the former had power to discharge a person under S. 63 of Cr.P.C., if he was found innocent --------- If the Magistrate found that no case was made out, he would refuse to take cognizance of matter. Col. Shah Sadiq v. Muhammad…

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