KHAN MUHAMMAD and 3 others vs S.H.O. POLICE STATION WEST CANTT., PESHAWAR and another
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 Section 188 of the Pakistan Penal Code 1860. The core legal question before the Peshawar High Court was whether the High Court possesses the competence to quash an F.I.R. in the exercise of its inherent powers under Section 561-A of the Code of Criminal Procedure 1898. The Court examined the scope of Section 561-A, noting that it allows the High Court to make orders necessary to give effect to any order under the Code, prevent abuse of the process of any Court, or secure the ends of justice. Finding that no court order had been made and no court process had been issued in the instant case, the Court relied on the precedent set by the Supreme Court of Pakistan in Sarfaraz Khan v. The State (1996 SCMR 186). Consequently, the Court held that it is not competent to quash an F.I.R. under Section 561-A of the Code of Criminal Procedure 1898, and the petition was dismissed in limine.
- Is the High Court competent to quash an F.I.R. in the exercise of its inherent powers under Section 561-A of the Code of Criminal Procedure 1898?
- Does the High Court have the authority to quash an F.I.R. where no court order has been made and no court process has been issued?
- Section 561-A, Code of Criminal Procedure 1898
- Section 188, Pakistan Penal Code 1860
ORDER
' ZIA-UD-DIN KHATTAK, J.---Heard. Record perused.
' This is an application under section 561-A, Cr.P.C. For the quashment of F.I.R. No,186 dated 7-5- 2008 under section 188, P.P.C. Registered at Police Station West Cantt. Peshawar.
2. The only question falling for determination in this quashment petition is a legal question, namely, whether High Court in exercise of its powers under section 561-A, Cr.P.C. Is competent to quash the F. I. R. ?
3. A plain reading of section 561-A, Cr.P.C. Shows that nothing in the Criminal Procedure Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court or otherwise to secure the ends of justice. In the instant case, neither any order has been made by any Court nor any process is issued by any Court. So, the question of making such order as may be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court does not arise.
4. A similar question came up for consideration before the august Supreme Court of Pakistan in the case of Sarfaraz Khan v. The State 1996 SCM R 186; in that it was held that the High Court in exercise of its powers under section 561-A, Cr.P.C. Is not competent to quash the F.I.R. I am inclined to adhere to this exposition of the law and accordingly hold that an F.I.R. Cannot be quashed under section 561-A, Cr . P. C .
5. In the result, this petition being not competent is dismissed in limine.