Law: Criminal Procedure Code (V of 1898)

Section: 154,173,561A

Law: Azad Penal Code

Section: 34,448,451

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Azad Penal Code, Ss. 448, 451 & 34--Registration of FIR--Quashment of FIR--Preparation of bogus rent agreement--Pendency of civil proceedings--Maintainability--Determination--Powers of High Court--FIR could be quashed under inherent powers of High Court only if Court considers that case has been registered with unlawful authority and from contents of FIR no case is made out--High Court u/S. 561/A, Cr.P.C. cannot interfere with investigation of case which is domain of investigating authority--Registration of case and FIR is sole duty of police and to submit report to Magistrate/trial Court--High Court while exercising powers u/S. 561/A of Cr.P.C. has no role at investigation stage--If proceedings are pending before any Court and it appears that there is abuse of process of Courts only then it can make order for quashment of proceedings--This petition is not maintainable in eye of law--If it is allowed every accused would like to come in Court for quashment of every case registered u/S. 154,Cr.P.C. and whole scheme of law would be frustrated that should not be allowed--Petition was dismissed. 2014 SCR 183, ref. THIS ORDER PASSED BY: MOHAMMAD SHERAZ KIANI, JUSTICE---.--- The captioned petition has been filed under Section 561-A, Cr.P.C. for quashment of F.I.R. No. 276/17 in offences under Sections 448, 451, 34, APC, whereby the petitioner has implored the following relief: "In view of the above submission, it is therefore, most respectfully prayed that while accepting this application, the impugned F.I.R. No. 276/17 registered at police station Thothal, Mirpur may kindly be ordered to be quashed under law as no offence was ever committed by the petitioner or the Proforma-respondent nor any offence is made out from the plain reading of the impugned F. I. R." 2. It has been stated in the application that petitioner hails from village Thothal, Tehsil Mirpur and is First Class State subject of AJ&K. That the Complainant, Altaf Hussain on the behest of Muhammad Yaseen, being attorney, filed a frivolous, vague and malafide application at Police Station Thothal, Mirpur upon which, the concerned Police…

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