Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Criminal Procedure Code (V of 1898), S.154---Writ petition---Quashing of FIR---Scope---Where serious allegations have been levelled in the FIR, termination of investigation or probe is not justified. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Extraordinary jurisdiction---Scope---Remedy of writ is an extraordinary relief and such relief cannot be extended to the parties upon whims and wishes without indicating any violation of law. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Criminal Procedure Code (V of 1898), S.154---Writ petition---Quashing of FIR---Scope---Principle of trichotomy of powers which is delicately balanced in the Constitution cannot be disturbed as it grants powers to each organ to decide the matters in its allotted sphere---Not appropriate to divert ordinary course of criminal procedure as laid down in procedural law---Generally, it is within the province and allotted sphere of the Investigation Agency to dig out and probe the matter in order to ascertain the veracity and truthfulness of allegations---Despite this, criminal proceedings are not immune from interference absolutely, there are certain exceptions in this regard if FIR is outcome of mala fide, without jurisdiction or amounts to misuse of process of law, definitely High Court can come for rescue of the aggrieved one by exercising the power of judicial review available under Art.44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. Col. Shah Sadiq v. Muhammad Ashiq 2006 SCMR 276 rel. (d) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Extraordinary jurisdiction---Scope---Extraordinary remedy provided in the Constitution is to be exercised in extraordinary circumstances---High Court is burdened with enormous duty to protect the life, liberty and other constitutionally guaranteed fundamental rights of the subjects of the State. Ch. Pervez Ellahi v. The Federation of Pakistan 1995 MLD 615 ref. 2015 PCr.LJ 1667 rel. (e) Azad Jammu and Kashmir Interim…

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