Law: Criminal Procedure Code (V of 1898)

Section: 249A,561A

Law: Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985

Section: 10,19

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 249-A---Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act (XI of 1985), Ss.10 & 19---Zina liable to tazir and common intention---Inherent powers of High Court---Quashing of FIR---Factual controversy---Alternate remedy---Scope---Petitioner sought quashing of FIR which had been registered against him on the ground that petitioner and wife of complainant had developed illicit relations---Validity---Held; challan had been submitted before Trial Court after completion of investigation---Order for quashing of FIR would tantamount to blocking the process of law and any opinion with regard to offence committed by petitioner would be premature---Alternate remedy in the shape of S. 249-A, Cr.P.C. was available to the petitioner---Petitioner could take his pleas before Trial Court but Shariat Appellate Bench of High Court could not sit as investigating officer or the Trial Court---Petition for quashing of FIR was dismissed. PLD 2013 Pesh. 117; 2015 SCR 837 and 2002 MLD 1250 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.561-A---Inherent powers of High Court under S.561-A, Cr.P.C.---Scope---Quashing of FIR---Factual controversy---Abuse of process of court---Scope---Court under S. 561-A, Cr.P.C. was not supposed to determine the truthfulness or innocence of the accused and allegations levelled in the FIR---Investigating Officer and thereafter Trial Court was empowered to resolve the question of facts after recording evidence---High Court generally declined to interfere with investigation and trial proceedings---FIR could be quashed under inherent powers of High Court only when case had been registered with unlawful authority and from the contents of FIR no case was made out---First Information Report could be quashed only when it appeared that process of court was abused---Quashing of FIR was ordered only in exceptional cases---Order accordingly. THIS JUDGMENT DELIVERED BY: RAJA SAJJAD AHMAD KHAN, J.--- Through this petition under section 561-A, Cr.P.C., the petitioners seek quashment of FIR bearing No.33/2017 dated 4.11.2017 registered at Police Station, Mang in offences under…

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