Law: Criminal Procedure Code (V of 1898)

Section: 249A,265K,173,561A

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)-------Ss. 249-A & 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR---Alternate and efficacious remedy---Cognizance by Trial Court---Petitioner / accused sought quashing of FIR registered against him, in which investigation report had been filed and Trial Court had taken cognizance---Validity---After taking cognizance of case by Trial Court, FIR registered cannot be quashed and fate of case and that of accused person challaned therein has to be determined by Trial Court itself---Only way is that if accused person deems himself to be innocent and falsely implicated, he has been provided remedy under Ss.249-A and 265-K, Cr.P.C. to seek his premature acquittal from concerned Trial Court on the ground that there is no possibility of his conviction---High Court declined to interfere in the matter on the allegation of petitioner / accused who had alternate and efficacious remedy by approaching concerned Court under S.265-K, Cr.P.C.---Constitutional petition was dismissed, in circumstances.FIA v. Syed Hamid Ali Shah PLD 2023 SC 265; Sher Afghan Khan Niazi v. Ali S Habib 2011 SCMR 1813; Muhammad Ali v. Samina Qasim Tarar 2022 SCMR 2001; Muhammad Farooq v. Ahmed Nawaz Jagirani PLD 2016 SC 55; Muhammad Mansha v. Station House Officer PLD 2006 SC 598; Rana Shahid Ahmed Khan v. Tanveer Ahmed 2011 SCMR 1937; Muhammad Abbasi v. SHO Bhara Kaho PLD 2010 SC 969 and Director General Anti-Corruption v. Muhammad Akram Khan PLD 2013 SC 401 rel.ORDERThrough this Petition, the Petitioner seeks quashment of FIR No. 13 of 2020 dated 31.08.2020 on the ground that the same has been registered without lawful authority and jurisdiction. It appears that on the very first date of hearing, while entertaining this Petition, an ad-interim order has been passed whereby, the Petitioner has been granted pre-arrest bail in the following terms:-"Let pre-admission notice be issued to the Respondents as well as DAG to be served through first three modes for 17.02.2021; when comments, if any, shall be filed with advance copy to learned Counsel for the Petitioner. In the meanwhile, respondents may not take any coercive action…

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