Law: Criminal Procedure Code (V of 1898)

Section: 561-A,154,156

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 154---Inherent power of High Court---Quashment of FIR or investigation of criminal case---Scope---High Court has no power under Section 561-A, Cr.P.C. to quash an FIR or an investigation proceeding, however, the High Court can quash a judicial proceeding pending before any subordinate court under Section 561-A, Cr.P.C. High Court has no power under Section 561-A, Cr.P.C. to quash an FIR or an investigation proceeding; therefore, applications filed under Section 561-A, Cr.P.C. in the High Court for quashing an FIR and investigation proceeding are not maintainable. This is because jurisdiction of a High Court to make an appropriate order under Section 561-A, Cr.P.C., necessary to secure the ends of justice, can only be exercised with regard to the judicial or court proceedings and not relating to proceedings of any other authority or department, such as FIR registration or investigation proceedings of the police department. Shahnaz Begum v. High Courts of Sindh and Baluchistan PLD 1971 SC 677 ref. A High Court can quash a judicial proceeding pending before any subordinate court under Section 561-A, Cr.P.C., if it finds it necessary to make such order to prevent the abuse of the process of that court or otherwise to secure the ends of justice; however, it should not ordinarily exercise its power under Section 561-A, Cr.P.C. to make such order unless the accused person has first availed his remedy before the trial court under Section 249-A or 265-K, Cr.P.C. Sher Afgan v. Ali Habib 2011 SCMR 1813 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan, Art. 199(1)(a)(ii)---Quashment of FIR or investigation of criminal case---Scope---Constitutional jurisdiction of the High Court---Registration of an FIR and the doing of an investigation are acts amenable to the jurisdiction of the High Courts under Article 199(1)(a)(ii) of the Constitution, thus, the High Courts can declare such acts of the police officers, to have been made without lawful authority and of no legal effect if they are found to be so and can also make any appropriate incidental or consequential order to effectuate…

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