Khanzada IFTIKHAR AHMED KHAN vs THE STATE and another
The petitioner sought the quashment of an F.I.R. registered under various sections of the Pakistan Penal Code 1860 and the Maintenance of Public Order Ordinance, invoking the inherent jurisdiction of the High Court under section 561-A of the Code of Criminal Procedure 1898. The core legal question was whether an F.I.R. can be quashed under section 561-A, Cr.P.C. when no challan has been submitted and no proceedings are pending in any court. The Peshawar High Court held that the petition was premature and unmaintainable because the process of the court had not yet commenced, and the High Court is not competent to quash an F.I.R. under section 561-A, Cr.P.C. when no proceedings are pending before a court, as no abuse of the process of the court can arise at that stage. The key principle laid down is that an application under section 561-A, Cr.P.C. for quashment of an F.I.R. before the submission of a challan and commencement of court proceedings is not maintainable.
- Can an F.I.R. be quashed under section 561-A of the Code of Criminal Procedure 1898 when no challan has been submitted in court?
- Is a petition for quashment of an F.I.R. maintainable before the commencement of proceedings in any court?
- Does the High Court have the competency under section 561-A of the Code of Criminal Procedure 1898 to quash an F.I.R. where no judicial proceedings are pending?
- Section 561-A, Code of Criminal Procedure 1898
- Section 353, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 448, Pakistan Penal Code 1860
- Section 387, Pakistan Penal Code 1860
- Section 382, Pakistan Penal Code 1860
- Section 20, Maintenance of Public Order Ordinance
ORDER
Khanzada Iftikhar Ahmed Khan, petitioner has sought quashment under section 561-A, Cr.P.C. Of the F.I.R. No,409, dated 22-6-1999 registered under section 353/506/448/387/382, P.P.C. And under section 20, M.P.O., Police Station Zaida.
2. Brief facts of the case are that Muhammad Tawab, Tehsildar Swabi sent a written report to the S.H.O., Police Station Zaida to the effect that on 22-6-1999 at 12-15 hours he alongwith his staff was present in the Municipal Committee, Zaida in connection with the attestation of mutations work, Iftikhar accused alongwith his companions duly armed with pistols interfered in his duty and forcibly restrained him from his official work. The accused also snatched away some money from him which was collected as Government Tax.
3. After hearing the learned counsel for the petitioner and going through the available material on the file, I find this petition to be premature and thus unmaintainable. Under section 561-A, Cr.P.C.
Inherent jurisdiction of this Court can be invoked for the prevention of abuse of the process of any Court or to secure ends of justice. In the instant case, challan has not been put in Court so far and the process of the Court has not yet commenced, therefore; this petition is not maintainable at this stage. It has been held by the apex Court of the Country in 1996 SCM R 186 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. Since no proceedings are pending in any Court so far, therefore, the question of abuse of the process of the Court does not arise. In view of the above, this application for quashment under section 561-A, Cr.P.C. Is dismissed in limine.