Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Pakistan Penal Code, 1860

Section: 34,419,420

Law: Constitution of Pakistan, 1973

Section: 22-A,199

Law: Criminal Procedure Code (V of 1898)

Section: 155(2),156(ii),173,249A,265-K,561A

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.. 44---Writ petition---Quashing of FIR---Scope---Court had limited scope and jurisdiction in such like matters while exercising its writ jurisdiction under S. 44 of Azad Jammu and Kashmir Interim Constitution Act, 1974, therefore, the Court always refrained itself from interference with police investigation of a criminal case except in exceptional circumstances; (i) where the allegation made in the first information report or the complaint, did not prima facie constitute any offence or made out case against the accused; (ii) where the allegation in the first information report did not disclose a cognizable offence justifying an investigation by Police Officer under S. 156(ii) of Cr.P.C. except under an order of a Magistrate within the purview of S. 155(2) of Cr.P.C.; (iii) where uncontroverted allegations made in FIR or complaint and evidence collected in support of the same did not disclose the commission of any offence and make out a case against the accused; (iv) where allegation in the FIR did not constitute a cognizable offence, no investigation was permitted by a Police Officer without an order of a Magistrate contemplated under S. 155(2) of Cr.P.C.; (v) where the allegations made in FIR or complaint were so absurd and itinerantly improbable, on the basis of which no prudent person could ever reach to just conclusion that there was sufficient ground for proceeding against accused; (vi) where there was express legal bar engrafted in any of the provisions of code or concerned act providing efficacious redressal for grievance of aggrieved party and (vii) where criminal proceedings manifestly attended with mala fide and or where the proceeding was maliciously instituted with an ulterior motive. (b) Penal Code (XLV of 1860)--- ----Ss. 419, 420 & 34---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Cheating by personation, cheating and thereby dishonestly inducing delivery of property, common intention---Writ---Quashment of FIR---Scope---Petitioners had sought quashment of FIR for having been registered illegally---Breach of Contract---First Information…

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