HUSSAIN MASIH and another vs SENIOR SUPERINTENDENT OF POLICE, GUJRANWALA and 2 others
This petition was filed under the inherent jurisdiction of the High Court seeking the quashment of F.I.R. No. 523 of 1999, registered under sections 295-B and 295-C read with section 109 of the Pakistan Penal Code 1860, at Police Station Alipur Chatha, Gujranwala. The core legal question was whether the F.I.R. could be sustained in the absence of any evidence linking the petitioners to the alleged offence of desecration and derogatory remarks. The prosecution alleged that the petitioners had thrown burnt pages of the Holy Qur'an and written derogatory remarks against the Prophet (peace be upon him) into the complainant's house. However, the Additional Advocate-General conceded that there was no evidence on record, including the absence of any eye-witnesses to the alleged act. The Court held that, given the lack of evidence and the absence of any probability of conviction, the continuation of the proceedings would be an abuse of the process of law. Consequently, the petition was accepted, and the F.I.R. was quashed.
- Can an F.I.R. be quashed by the High Court when there is no evidence on record to support the prosecution's case?
- Is the absence of eye-witnesses a sufficient ground for the quashment of a criminal case?
- Does the lack of probability of conviction justify the quashment of an F.I.R.?
- Section 295-B, Pakistan Penal Code 1860
- Section 295-C, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' This is a petition for quashment of case F.I.R. No,523 of 1999, under sections 295-B/295-C read with section 109, P.P.C., registered at Police Station Alipur Chatha, District Gujranwala on 25-11-1999 on.
The statement of Ijaz Ahmad.
2. According to the first information report, which was lodged through complaint before S.H.O., Police Station Alipur Chatha, Ijaz Ahmad had stated that at Fajarwela on the day of occurrence, some burnt pieces of Holy Qur'an were present in the courtyard of his house and some derogatory remarks were also written against the Prophet (peace be upon him). He further stated in that complaint that Issac Masih and his father Hussain Masih had got a house adjacent to his house.
According to him, he was sure that these papers were thrown in his house by the abovesaid two persons on the abetment of Sehar Ghori son of Barkat Masih.
3. Learned counsel for the petitioners submits that there is no evidence on the record whatsoever against the petitioners; that no case is made out against the petitioners; and that they have been falsely implicated in this case.
4. Learned Additional Advocate-General after going through the judicial record submits that although the offence is heinous, but he is unable to support the prosecution case. There is no evidence against the petitioners. Even there is no eye-witness in the case, who had seen throwing the abovesaid burnt pieces of Holy Qur'an into house of the complainant.
5. After hearing both the parties, we are of the considered opinion that there is no probability of the petitioners to be convicted by the trial Court. In this view of the matter, this petition is accepted and the instant F.I.R. Is quashed.
6. It is observed that this order shall not be published in any newspaper and secondly as requested by the learned Additional Advocate-General, the objectionable material on record of this case either be thrown in the river or be buried.
F.I.R. Quashed.
Cited by 1 case
- WAJEHUL HAQ vs THE STATE 2003 P Cr. L J 340