Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 341,147,353,186,506,500,337-A(iii),427

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 341, 147, 353, 186, 506, 500, 337-A(iii), 427---Rioting---Quashing of FIR---Scope---Some miscreants had committed vulgar activities in a public place---Accordingly, an FIR was lodged but the local police had failed to arrest nominated accused in time---Resultantly, the petitioners/accused persons and thousands of other people of the district held a peaceful protest/demonstration---Instead of arresting the actual culprits of the vulgar incident the police lodged the impugned FIR against the petitioners with mala fide intention---One of the constables had allegedly sustained injuries but his injury sheet was not produced---Holding of demonstration and freedom of assembly was an essential element of a democratic society which was a guaranteed fundamental right under the Constitution---Such inalienable right could not be abridged or restricted nor could it be allowed to be termed as an offence of unlawful assembly---Exercise of fundamental right by the citizen could not justifiably be made ground for lodging FIR against them---First Information Report was quashed. 1998 MLD 1533; PLD 2011 Kar. 99; 2013 CLC 1709 and 2014 CLC 1558 ref. (b) Constitution of Pakistan--- ----Art. 16--- Penal Code (XLV of 1860), S. 141---Freedom of assembly---Unlawful assembly---Scope---Holding of demonstration and freedom of assembly is an essential element of a democratic society which is a guaranteed fundamental right under the Constitution---Such inalienable right cannot be abridged or restricted nor can it be allowed to be termed as an offence of unlawful assembly---Exercise of fundamental right by the citizen cannot justifiably be made ground for lodging FIR against them. ORDER ALI BAIG, C.J.---The petitioners, through the instant petition filed under section 561-A, Cr.P.C, has prayed for quashment of FIR No. 36/2022 dated 03.05.2022 registered under sections 341, 147, 353, 186, 506, 500, 337-A(iii), 427, P.P.C. at Police Station City Gahkuch, District Ghizer. 2. Concisely the allegations against the petitioners as reflected in the FIR are that the on 03.05.2022 at about 1610 hours, the present…

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