| Citation(s) |
|---|
| 2024 SLG 5890 2024 SLD 5890 = 2024 PLD 62 |
Balochistan High Court
Criminal Qashment Petitions Nos. 640, 641 and 649 of 2022, decided on 19th December, 2022. Criminal Qashment Petitions Nos. 640, 641 and 649 of 2022, decided on 19th December, 2022.
Before Abdul Hameed Baloch, J
Syed Iqbal Shah, Naseebullah Ullah Tareen, Ali Hassan Bugti, Ghulam Mustafa Buzdar, Muhammad Imran Alvi, Jamil Bostan, Muhammad Azam Safi, Saqib Raza Hasan, Taimur, Agha Faisal and Muhammad Hassan Bugti for Petitioner. Nasraullah, Additional P.G., Wajahat Ghaznavi, State Counsel, Gul Baran, AIG (Legal) CPO Quetta, Sakhi Daad SI Lasbella P.S. Windar, Qadir Bakhsh, SI PS Bela and Hassan Abbas Malik PDSP Quetta for
Respondents.
Criminal Qashment Petitions Nos. 640, 641 and 649 of 2022, decided on 19th December, 2022. Criminal Qashment Petitions Nos. 640, 641 and 649 of 2022, decided on 19th December, 2022.
Before Abdul Hameed Baloch, J
Syed Iqbal Shah, Naseebullah Ullah Tareen, Ali Hassan Bugti, Ghulam Mustafa Buzdar, Muhammad Imran Alvi, Jamil Bostan, Muhammad Azam Safi, Saqib Raza Hasan, Taimur, Agha Faisal and Muhammad Hassan Bugti for Petitioner. Nasraullah, Additional P.G., Wajahat Ghaznavi, State Counsel, Gul Baran, AIG (Legal) CPO Quetta, Sakhi Daad SI Lasbella P.S. Windar, Qadir Bakhsh, SI PS Bela and Hassan Abbas Malik PDSP Quetta for
Respondents.
MUHAMMAD AZAM KHAN SWATI---Petitioner
VERSUS
INSPECTOR GENERAL OF POLICE, BALOCHISTAN and others--- Respondents
Law: Penal Code (XLV of 1860)
Section: 123A,124A,153A,504,505
Law: Criminal Procedure Code (V of 1898)
Section: 561A
Penal Code (XLV of 1860)-------Ss. 123-A, 124-A, 153-A, 504 & 505---Criminal Procedure Code (V of 1898), S. 561-A---Condemnation of creation of State, and advocacy of abolition of its sovereignty; sedition; Criminal intimidation with intentional insult to provoke breach of the peace; and statements conducing to public mischief---Quashing of FIR---Petitioner was accused in more than one FIRs containing same allegations based on same material---Validity---Each and every organ of the State was under legal obligation to obey decision/observation of Supreme Court---First Information Reports were registered in different police stations of the Province, which was flagrant violation of dictum laid down by Supreme Court in Sughra Bibi's case reported as PLD 2018 SC 597 and was willful disregard/disobedience---Station House Officers of all police stations were not above the law and they had to follow the law in letter and spirit---Law did not allow the authorities to act on their whims and in capricious manner---Registration of same offence was mockery with law and had amounted to misuse of authority---High Court quashed all FIRs registered against petitioner/accused---Petition was allowed, in circumstances.Naseem Khan Kasi v. Station House Officer, Police Station Quetta 2022 PCr.LJ 887; Muhammad Essa Roshan v. State 2021 PCr.LJ 1342; Captain (R) Muhammad Safdar v. Inspector General of Police, Khyber Pakhtunkhwa, Central Police Office, CPO, Peshawar 2022 PCr.LJ 1342; Noor-Un-Nisa v. United Bank Limited PLD 2021 Lah. 90 and Abdul Waheed's case 2006 SCMR 489 ref.Sugra Bibi v. State PLD 2018 SC 597 fol.Date of hearing: 15th December, 2022.JUDGMENTABDUL HAMEED BALOCH, J.---Through this common order I intend to dispose of Criminal Miscellaneous Quashment Petitions Nos. 640, 641 and 649 of 2022, as the same are arising out of the same subject matter and relate to common question of law, whereby the petitioners prayed as under:In Criminal Quashment Petition No.640 of 2022:It is, therefore, respectfully prayed that FIR No. 127 of 2022 registered at Police Station Vinder District Lasbella under Sections 123-A, 124-A, 153-A, 505, 504, P.P.C. being illegal, unlawful,…