WILAYAT SHAH vs THE STATE
This petition was filed under Section 561-A of the Code of Criminal Procedure 1898, seeking the quashment of F.I.R. No. 186 registered under Sections 419 and 420 of the Pakistan Penal Code 1860 at Police Station Risalpur. The petitioner, who had previously had his vehicle seized and subsequently released on superdari by a Judicial Magistrate in an earlier case involving the same vehicle, was subjected to a second F.I.R. regarding the same facts and vehicle by a different police station. The core legal question was whether the registration of a second F.I.R. on identical grounds and facts constitutes an abuse of the process of the court. The Court held that the registration of the second case was illegal and unjustified, as it compelled the petitioner to face double trials for the same subject matter. Consequently, the Court quashed the F.I.R., establishing the principle that where a prosecution is launched for improper motives or results in an abuse of the process of the court, the High Court possesses the inherent power to quash such proceedings to secure the ends of justice.
- Does the registration of a second FIR on the same facts and grounds as an existing case constitute an abuse of the process of the court?
- Can the High Court exercise its inherent powers under Section 561-A of the Code of Criminal Procedure 1898 to quash proceedings that are vexatious or intended to harass?
- Is the availability of a remedy under Section 249-A of the Code of Criminal Procedure 1898 a sufficient ground to deny relief under Section 561-A of the Code of Criminal Procedure 1898 in cases of clear abuse of process?
- Section 561-A, Code of Criminal Procedure 1898
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 523, Code of Criminal Procedure 1898
- Section 550, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
' IJAZ-UL-HASSAN KHAN, J.---Petitioner Wilayat Shah, by way of filing instant petition under section 561-A, Cr.P.C. Seeks quashment of F.I.R. No.186, dated 4-5-2005, registered under sections 419/420, P.P.C. At Police Station Risalpur.
2. Facts leading to the filing of this petition shortly narrated are, that the petitioner purchased Motor Car bearing Registration No. B-3859, from one Usman Ali son of Sultan, resident of Mingora, Swat.
The vehicle was seized on 10-7-2003 under sections 523/550, Cr.P.C. By police of Police Station Sheikh Maltoon, Mardan and a case was registered against the petitioner under sections 419/420/471, P.P.C. On 11-9-2004, on the ground that the chassis number was replaced and welded.
The petitioner moved an application in the Court of Judicial Magistrate, Mardan for release of the motor car on `superdari'. The application was accepted and the car was released on `superdari' vide order, dated 9-9-2004. On 15-4-2005. While travelling in the said motor car, the petitioner accompanied by one Zubair Ali Shah, on Nowshera Road, was stopped by S.H.O., Police Station, Risalpur for checking. The vehicle was searched and nothing illegal was recovered but despite that the S.H.O. Took the car and its occupants to the police station. The petitioner explained the position that the car was covered by proper documents and once seized by Police Station Sheikh Maltoon Mardan and released on bail by a competent Court of law, but even then the said S.H.O. Seized the vehilce under sections 523/550, Cr.P.C. And a case was registered against the petitioner no 4-5- 2005 under sections 419/420, P.P.C. The grievance of the petitioner in essence is, that registration of the second case by the S.H.O., Police Station Risalpur on the same ground and on the same facts, is against the law, rather totally illegal.
3. Mr. Sikandar Khan , Advocate for the petitioner and Mr. Shah Nawaz Khan, Advocate for the State present and heard with reference to the material available on the record.
4. The question to be determined in the quashment matters is as to whether the machinery of law is being employed for an operation from which any result in furtherance of justice can accrue. A case which cannot possibly succeed, if allowed to continue would be an abuse of the possess of the Court and to quash it under section 561-A, Cr.P.C. Would secure the ends of justice.
5. It is well-settled that this Court is not denuded of its powers to quash the proceedings if it is satisfied from the material produced before it that prosecution has been launched for improper motive, merely to harass the accused, or the continuous of the same would be an abuse of the process of the Court or for other reasons which impel the Court to conclude that to allow the prosecution to continue would not be in the ends of justice; Miraj Khan v. Gul Ahmad and 3 others (2000 SCMR 122), Mst. Shabana Chaudhary v. Station House Officer, Police Station Akbari Gate, Lahore and 4 others (PLD 1993 Lahore 416), Rafique Shmad Awar v. The State (1993 MLD 832) and Shahid Muhammad Khan and others v. The State and others (PLD 1993 Kar.1).
6. Having considered the matter from all angles, I find myself in agreement with learned counsel for the petitioner- that registration of the second case by the S.H.O., Police Station Risalpur on the same ground and on the same facts which were already under investigation/inquiry in case F.I.R.
No.574, dated 11-9-2004 of Police Station Sheikh Maltoon, Mardan is against the law, rather totally illegal. The S.H.O. Having been explained the position by the petitioner that the car was covered by proper documents, earlier seized by Police Station Shiekh Maltoon, Mardan and released on bail by Judicial Magistrate, Mardan by order, dated 9-9-2004, had no legal justification to register the second case to compel the petitioner to face double trials at two different forums. The objection of the learned State Counsel that a remedy under section 249-A, Cr.P.C. Is available to the petitioner and that he should first avail of that remedy does not appear to be sufficient to refuse to give relief to the petitioner in the circumstances of this case. The petition is accepted and F.I.R. No.186, dated 4-5-.2005 registered under sections 419/420, P. P. C . In Police Station Risalpur, is quashed.