Law: Criminal Procedure Code (V of 1898)

Section: 561-A,154,173,4(l)

Law: Anti Terrorism Act, 1997

Section: 7

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 154 & 173---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Scope---Qatl-i-amd, rioting armed with deadly weapon, common object and act of terrorism---Quashing of FIR---Grounds---Double jeopardy---Double incrimination---Inherent jurisdiction of High Court---Scope---Contention of accused was that second FIR had been registered with regard to same occurrence---Validity---Versions contained in both the FIRs with regard to initiation of occurrence, motive of occurrence, participation of accused in the occurrence, roles played by the accused during the alleged occurrence were different---Version contained in the present FIR was not an elaboration, explanation or amplification of first FIR and there was no legal bar for registration of second FIR---Grounds for quashing FIR were jurisdictional defect patent on the record; patent violation of some provision of law and that allegations contained in the FIR did not constitute an offence---No ground for quashing of impugned FIR was on record---Accused could not be allowed to avoid ordinary course of trial before competent court of jurisdiction if prima facie offence was made out against him by resorting to constitutional jurisdiction---Quashing of FIR during investigation would amount to throttling the investigation process which was not permissible in law---Quashing the proceedings summarily would amount to interfere in sphere allotted to the executive organ; there might be likelihood of injustice in summary disposal and if case was quashed at initial stage then same would create law and order situation---If conduct and manner of investigation was scrutinized through constitutional jurisdiction then same might amount to interfere in police investigation---High Court could not interfere with the duties of the police by quashing FIR on the ground that such was with regard to same occurrence and case was false---Investigation Officer had to collect the evidence connected with the case and if he found that no offence was committed then he might submit…

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