NAZIR AHMAD and otherss vs S.H.O., POLICE STATION GAGGU, DISTRICT
This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973 sought the quashment of F.I.R. No. 9 of 1998, registered under sections 337-F(i), 337-F(v), 337-A(i), 337-H(ii), 427, 148, and 149 of the Pakistan Penal Code 1860. The petitioners argued for quashment on the grounds that a prior F.I.R. existed for the same occurrence and that they had been declared innocent by investigating officers. The Court addressed the core question of whether an F.I.R. should be quashed based on police opinions of innocence or the existence of prior, cancelled proceedings. The Court held that police opinions regarding innocence are not binding on the judiciary and do not constitute sufficient grounds for quashing an F.I.R. Furthermore, the Court determined that the mere existence of a prior, cancelled F.I.R. did not invalidate the current proceedings. Consequently, the petition was dismissed, with the Court directing the District Police Officer to entrust the investigation to an officer not below the rank of Inspector to ensure a timely conclusion.
- Is a police opinion declaring an accused innocent binding on the Court during proceedings for the quashment of an F.I.R.?
- Can an F.I.R. be quashed solely on the ground that the police declared the accused innocent during the investigation?
- Does the existence of a previously cancelled F.I.R. regarding the same occurrence provide a valid legal basis for quashing a subsequent F.I.R.?
- Article 199, Constitution of the Islamic Republic of Pakistan 1973
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 454, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, petitioners seek quashment of case F.I.R. No,9, dated 8-1-1998 registered under sections 337-F(i)
(v)/337-A(i)/ 337-H(ii)/427/148/149, P.P.C. At Police Station Gaggu, District Vehari on the statement of Muhammad Rafiq.
2. The brief allegation against the petitioners in the F.I.R. Is that they while armed with Sotas came to the house of the complainant and caused injuries to the P.Ws., some of which are serious in nature.
3. Learned counsel for the petitioners contends that earlier F.I.R. No,179 was also registered on the statement of Rehmat Ali under sections 454/380/427/34, P.P.C. For the same occurrence. It is also contended that the petitioners were declared innocent by two Investigating Officers and thus, the second F.I.R. Is liable to be quashed.
4. Learned Assistant Advocate-General and learned counsel for the complainant oppose this petition on the ground that F.I.R. Cannot be quashed without the thorough investigation/probe and no decision can be given without recording the evidence of witnesses.
5. I have heard the learned counsel for the parties and also perused the contents of the F.I.R. As F.I.R.
No,179 has been cancelled due to the registration of this F.I.R., hence, this ground for the quashment of the F.I.R. Is not available to the petitioners. As far as the contention that the petitioners were declared innocent by the police during the investigation is concerned, the police opinion is neither binding on the Courts nor on the basis of the same F.I.R. Can be quashed. I have noticed that the Investigating Officer has failed to conclude the investigation in spite of the fact that investigation was not stayed in this case but only petitioners were directed not to be illegally harassed. However, they were directed to join the investigation. No ground is made out for the quashment of the F.I.R.
And this petition is dismissed. However, the District Police Officer, Vehari is directed to entrust the investigation of the above-said F.I.R. (F.I.R. No,9 of 1998) to any Police Officer not below the rank of Inspector, who shall conclude the same within a fortnight after joining both the parties. Learned Assistant Advocate-General shall contact the D.P.O. Vehari and convey him the directions of this Court for compliance.