Law:

Section:

Penal Code (XLV of 1860)----- -----Ss. 123-A, 124-A & 153-A-----Criminal Procedure Code (V of 1898), S.561-A-----Condemnation of the creation of the state and advocacy of abolition of the sovereignty, sedition, enmity between different groups-----Petition for quashing of FIR-----Factual and legal controversies, could not be settled down in a summary proceedings in a petition under S.561-A, Cr.P.C.-----Question of facts and law involved in the case, could well be resolved after recording of evidence by the Trial Court; as the challan of the case had been put in the court; and the Trial Court had summoned the prosecution witnesses for evidence, petition for quashing of FIR, was declined, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:----------- This is a petition filed by the petitioner/accused Manzoor Hussain under section 561-A, Cr.P.C. seeking quashment of proceedings before the learned Sessions Judge Gilgit in Sessions case No. 40/15, under Sections 123-A, 124-A and 153-A of Pakistan Penal Code. 2. Brief facts of the case are that on 28/7/2001 during Oath taking ceremony of newly elected members of "Hamid Group" the applicant/petitioner delivered a hatred speech, which per contents of FIR constituted the above offences. 3. The petitioner moved an application in under section 265-K, Cr.P.C. before trial Court for acquittal from the charges but the learned trial Court declined the petition vide order dated 20/04/2016, hence this petition. 4. The learned counsel for the petitioner contended that from bare reading of FIR, no offence is made out and the proceedings are sheer of process of Courts and law. He further argued that, the so called sanction was not infact accorded and it was a post dated attempt on the part of Government authorities, as no one could be so active/vigilant, in our present system to meet…

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