Law: Criminal Procedure Code (V of 1898)

Section: 154,156,169,173(3),249A,265K,561A

Law: Pakistan Penal Code, 1860

Section: 302,34,182

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)-------S.154---Constitution of Pakistan, Art. 199---Penal Code (XLV of 1860), Ss. 302 & 34---Quashing of FIR---Constitutional jurisdiction of High Court---Scope--Petitioner/accused sought quashment of FIR by invoking constitutional jurisdiction of the High Court---Validity---Allegations against the petitioner/accused, on the face of it, did disclose commission of a cognizable offence and the contentions of the petitioner related to factual controversy, which could only be determined after recording pro and contra evidence and said exercise could not be done in constitutional jurisdiction of the High Court---Petitioner/accused had the right to put his defence before the Investigating Officer and if the allegations put-forth by the complainant were found false, the Investigating Officer could proceed against him in accordance with law---Moreso, the complainant had come up with certain allegations and justice demanded that he might be given an opportunity to prove the same---Thus, ordinary course of trial is not to be deflected by resorting to quashing of the FIR---Constitutional petition, being merit-less, was dismissed in limine, in circumstances.(b) Criminal Procedure Code (V of 1898)-------Ss. 154, 156, 169, 173 (3), 249-A, 265-K & 561-A---Penal Code (XLV of 1860), S. 182---Quashing of FIR---Scope---Allegations against the petitioner/accused, on the face of it, did disclose commission of a cognizable offence---Under S. 154, Cr.P.C., the Police has statutory duty to register FIR regarding commission of any cognizable offence, and its purpose is only to set the criminal law in motion--Provisions of S. 154, Cr.P.C., are mandatory in nature---When FIR is registered, then the local Police under S. 156, Cr.P.C have the statutory rights to investigate the case and interference by Court with duties of police is not permissible under the law---As FIR is not an encyclopedia of all the relevant facts, therefore, the image presented by the FIR will be clarified when all the incriminating material is brought on record during investigation and if the accused is found innocent during investigation, he can be dealt with in accordance…

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