GHULAM YASIN vs D.S.P. and others
This matter comes before the Lahore High Court through a constitutional petition filed by the petitioner seeking the quashment of F.I.R. No. 65 dated 2-2-2009, registered under sections 459 and 411 of the Pakistan Penal Code at Police Station Jampur, on the ground that local investigation declared him innocent. The core legal question is whether an F.I.R. can be quashed through a constitutional petition when alternative statutory remedies are available to an accused claiming innocence. The court held that the relief of quashing the F.I.R. cannot be granted at the initial stage as the accused has efficacious alternative remedies under the law, including appearing before the investigating officer, approaching higher police authorities under section 551 of the Code of Criminal Procedure 1898, seeking discharge before the Magistrate under section 63 of the Code of Criminal Procedure 1898, or utilizing provisions for cancellation under the Police Rules 1934. The key principle laid down is that the High Court will not ordinarily interfere in the investigative process or quash an F.I.R. through a constitutional petition when adequate alternate remedies are available to a person claiming innocence.
- Can an F.I.R. be quashed through a constitutional petition when the accused has been declared innocent in local police investigation?
- What are the alternate remedies available to an accused person who claims to be innocent during an ongoing police investigation?
- Does a Magistrate have the power to discharge an accused under the Code of Criminal Procedure 1898 during investigation?
- Section 459, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 551, Code of Criminal Procedure 1898
- Section 63, Code of Criminal Procedure 1898
- Rule 24.7, Police Rules 1934
ORDER
' HAFIZ ABDUL REHMAN ANSARI, J.---Learned counsel submits that in the local investigation the petitioner has been declared innocent in case F.I.R. No,65 dated 2-2-2009, registered at Police Station Jampur, for offences under sections 459/411, P.P.C., but he is illegally being harassed by respondent No,1 DSP, Jampur. He seeks quashment of the said F.I.R.
2. The relief of quashment of the F.I.R. Claimed by the petitioner in this petition cannot be granted at the moment. He being accused has following other alternate remedies available under the law as ruled by the Honourable Supreme Court in the case reported as Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 2'76:--
(a) To appear before the Investigating Officer to prove their innocence
(b) To approach the competent higher authorities of the Investi- A gating Officer having powers vide section 551 of Cr.P.C.
(c) After completion of the investigation, the Investigating Officer has to submit case to the concerned Magistrate and the Magistrate concerned has power to discharge the accused under section 63 of the Cr.P.C. In case of his innocence.
(d) In case he finds the accused innocent, he would refuse to take cognizance of the matter;
(e) Rule 24.7 of the Police Rules of 1934 makes a provision for cancellation of cases during the course of investigation under the orders of the concerned Magistrate;
(f) There are then remedies which are available to accused persons who claim to be innocent and who can seek relief without going through the entire length of investigation.
3. With the above observations and directions, this writ petition- is dismissed.