Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Penal Code (XLV of 1860), Ss. 451 & 436---House-trespass in order to commit offence punishable with imprisonment, mischief by fire or explosive substance with intent to destroy house, etc.---Application for quashment of order---Inherent powers of High Court under S.561-A--- Object--- Complainant (petitioner) filed application under S.22-A(6), Cr.P.C before Justice of Peace on the basis of which F.I.R. was registered against the accused persons (respondents)---Station House Officer (S.H.O) submitted his final report under S.173, Cr.P.C, before Magistrate for cancellation of the said F.I.R., which was cancelled---Contention of complainant was that he had alleged serious allegations against the accused persons and Justice of Peace took serious view of the matter as well as the indifference displayed by the police, and that police had displayed its inherent bias towards the complainant in the report under S. 173, Cr.P.C---Validity---Complainant had charged the accused persons for setting his room on fire with household articles and also stealing some of the said articles---Complainant did not cooperate with the police during investigation and did not come forward with any evidence/witness to lend support to his allegations/report---Falsity of complainant's allegations was exposed when the police took possession of the said household articles of the complainant by exercising powers under S.88, Cr.P.C, in view of the abscondence of the son of the complainant after murdering the son of one of the accused---Petition under S. 561-A pertained to the inherent powers of the High Court and the object was to prevent the abuse of the process of the court as well as to secure the ends of justice---Quashment petition was dismissed, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---Through this petition filed under section 561-A, Cr.P.C, the petitioner, Umar Hayat son of Malik Shahbaz caste Ubhaya resident of Chah Awan Ara Road, D.I.Khan, seeks the quashment of order dated 30-6-2011 passed by learned Judicial Magistrate, D.I.Khan/respondent No.6. 2. Precise facts of the instant case are that the petitioner…

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