Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), S. 561-A---Constitutional petition---Quashing of FIR---Alternate remedy, availability of---Submission of challan---Effect sought quashing of FIR wherein he, along with others, was alleged to have committed murder of two persons by means of axes and dandas---Contentions of petitioner were that the High Court had acquitted a co-accused person by disbelieving the prosecution case and that his case stood on the same footing---Challan of the case had been submitted before the Trial Court wherein the petitioner was implicated---High Court observed that it would be appropriate to afford opportunity to the prosecution to produce evidence and establish its case firstly had to approach the Trial Court and avail the remedy provided under the law---Constitutional petition was dismissed, in circumstances. Gulab Khan v. The State PLJ 2008 FSC 87; Miraj Khan v. Gul Ahmed and others 2000 SCMR 122; Allah Rakhio and others v. The State 2001 PCr.LJ 551 and Maritime Security Agency, Karachi v. Muhammad Saleem Khan and others PLD 1994 SC 486 distinguished. Dr. Sher Afgan Khan Niazi v. Ali S. Habib 2011 SCMR 1813 ref. Chaudhary Munir v. Mst Surriya PLD 2007 SC 189 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A--- Inherent powers of High Court--- Quashing of proceedings---Scope---Exercise of powers under S. 561-A, Cr.P.C. amounts to depriving the prosecution an opportunity to prove guilt of the accused---Section 561-A, Cr.P.C. cannot ordinarily be used---Power conferred under S. 561-A, Cr.P.C. is neither alternative nor additional. Chaudhary Munir v. Mst Surriya PLD 2007 SC 189 rel. JUDGMENT ABDUL HAMEED BALOCH, J.--- The petitioner filed instant petition for quashment of FIR bearing No. 06 of 2015 Police Station Rarasham District Musa Khail with the prayer: Accordingly respectfully prayed, this Honble Court may kindly be pleased to quash FIR No. 06/2015, offence under sections 302, 147, 149, 109, P.P.C. Police Station Rarasham District Musakhail as well as proceedings pending before the Sessions Judge, Musakhail to the extent of petitioner, in the interest of justice. 2. Precise facts…

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