KHAN MUHAMMAD and 3 others vs SHO POLICE STATION WEST CANTT.
This matter concerns a petition filed under Section 561-A of the Code of Criminal Procedure 1898, seeking the quashment of an FIR registered under Section 188 of the Pakistan Penal Code 1860 at Police Station West Cantt, Peshawar. The core legal question presented for determination was whether the High Court possesses the competence to quash an FIR in the exercise of its inherent powers under Section 561-A of the Code of Criminal Procedure 1898. Upon reviewing the statutory language, the Court observed that Section 561-A is designed to give effect to orders under the Code, prevent the abuse of the process of any Court, or secure the ends of justice. Finding that no court order existed and no judicial process had been issued in the instant case, the Court held that the provision was inapplicable. Relying on the precedent established by the Supreme Court of Pakistan in Sarfaraz Khan v. The State, the Court concluded that the High Court lacks the competence to quash an FIR under Section 561-A. Consequently, the petition was dismissed in limine.
- Is the High Court competent to quash an FIR in the exercise of its inherent powers under Section 561-A of the Code of Criminal Procedure 1898?
- Can an FIR be quashed under Section 561-A of the Code of Criminal Procedure 1898 when no court order or judicial process is involved?
- Section 561-A, Code of Criminal Procedure 1898
- Section 188, Pakistan Penal Code 1860
ORDER
This is an application under Section 561-A Cr.P.C. for the quashment of FIR No, 186 dated 7.5.2008 under Section 188 PPC 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 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 does not arise.
4. A similar question came up for consideration before the August Supreme Court of Pakistan in the case of Sarfaraz Khan Vs. 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 FIR cannot be quashed under Section 561-A Cr.P.C.
5. In the result, this petition being not competent is dismissed in limine.