Law: Criminal Procedure Code (V of 1898)

Section: 561-A,156,249-A,265-K

Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 324,148,149

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 156, 249-A & 265-K---Constitution of Pakistan, Art. 199---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Attempt to qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Quashing of FIR sought---Alternate and efficacious remedy---Complainant got registered an FIR on the basis of injury on his hand but in the final medical report the same (injury) proved to be fake, whereafter he was charged for forgery and using fake documents as genuine---Petitioners (accused persons) sought quashing of the FIR in wake of change of legal and factual aspects of the case---Validity---All the petitioners were nominated in the FIR whereas one of the petitioners had been attributed the role of firing---Investigation of the case though showed the medical report as a result of forgery, however, on the same ground three accused persons had already been granted bail by the subordinate Court---If, at all, the petitioners had been charged in a false case, then they could seek acquittal under S. 249-A or 265-K of the Criminal Procedure Code, 1898, which was the appropriate remedy available to them, for which the Trial Court could be approached---Even, after the registration of the case, the local Police was empowered under section 156 of the Criminal Procedure Code, 1898 to investigate a cognizable offence, therefore, no restriction could be laid to halt the process of investigation---Constitutional petition was dismissed, in circumstances. State through Advocate General, N.W.F.P v. Gulzar Muhammad and others 1998 SCMR 873 and Ajmeel Khan v. Abdur Rahim and others PLD 2009 SC 102 ref. ORDER FAZAL SUBHAN, J.---The instant writ petition has been filed by the petitioners under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C, wherein, they have prayed for quashment of FIR No.1078, dated 31.07.2021, under sections 324/148/149, P.P.C. of Police Station Saddar, Mardan. 2. It is contended that on 31.07.2021 respondent No.5 intimidated petitioners Nos.5 and 6 and upon resistance and heated debate, one Jan Said started firing, resulting injuries to Shakir son of Nawaz Khan…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492