Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), Ss. 448, 451 & 34---House trespass, house trespass in order to commit offence punishable with imprisonment, common intention---Quashing of FIR---Scope---Petitioner had alleged that complainant filed a frivolous, vague and mala fide application, on which, the concerned police registered the impugned FIR under Ss.448, 451 & 34, Penal Code, just to humiliate the petitioner---Petitioner, after registration of the case, had applied for pre-arrest bail; however, after addition of the offence under S.14, of Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Ordinance in the challan, the petitioner moved another bail application before the said court---Validity---Record showed that petitioner had not committed any offence and the case was registered due to some mala fide intention---Both questions were questions of facts, which could not be determined at that forum, as it was the function of Investigating Officer and thereafter it was for the Trial Court to resolve the question of facts after recording evidence---First Information Report could be quashed under inherent powers of the High Court if it was considered that the case had been registered with unlawful authority and from contents of the FIR, no case was made out---High Court could not interfere with the investigation of the case under S.561-A, Cr.P.C., which was the domain of the Investigating Authority---Petition for quashing of FIR was not maintainable. 2012 PCr.LJ 630; PLD 2010 Kar. 204; 1999 MLD 1632; Shah Muhammad v. Muhammad Younis and 4 others 2014 SCR 183 and Parveen Azam and others v. SSP District Mirpur and 4 others 2015 SCR 837 rel. THIS ORDER PASSED BY: MUHAMMAD SHERAZ KIANI, J.--- The captioned petition has been filed under section 561A, Cr.P.C. for quashment of FIR No.276/17 in offences under sections 448, 451, 34, A.P.C., 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 FIR No.276/17 registered at Police Station Thothal, Mirpur may kindly be ordered to be quashed…

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