Law: Criminal Procedure Code (V of 1898)

Section: 154,497

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 365B

(a) Criminal Procedure Code (V of 1898)-- ----S. 154---Penal Code (XLV of 1860), S. 365-B---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of the High Court---Scope---Quashing of FIR---'Aggrieved person'---Whether an abductee or prosecution witness of an FIR could seek quashing of FIR in Constitutional jurisdiction of the High Court---Held, that an abductee/witness of an FIR, was not an "aggrieved party" within the meaning of Art. 199 of the Constitution, as such, writ petition filed for quashing of same FIR on their behalf was not maintainable. (b) Criminal Procedure Code (V of 1898)- ----Ss. 154 & 497---Constitution of Pakistan, Art. 199---Quashing of FIR in constitutional jurisdiction of the High Court---Scope---Office objection requiring the petitioner to bring on file bail granting order before seeking quashing of FIR through Constitution petition---Legality---Obtaining bail from a court of competent jurisdiction before approaching the High Court in its constitutional jurisdiction for quashing of FIR may be a practice for facility or preference but surely it was not a requirement of any law. THIS ORDER PASSED BY: CH.ABDUL AZIZ, JUSTICE---.--- Mst. Farhat Bibi (petitioner) who is an abductee of case FIR No.178/2018 registered under section 365-B, P.P.C. at Police Station Shah Pur Sadar, Sargodha, through the instant writ petition has sought quashing of said FIR on multifarious grounds, but the office has raised objection on maintainability of constitutional petition for quashing of FIR without bringing on file the copy of bail granting…

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