HAYATULLAH vs DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S — 2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1079 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: HAYATULLAH vs DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S
Subject matter: Criminal
Provisions referred to: S. 561-; S. 173; S. 249-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAYATULLAH VS DEPUTY INSPECTOR GENERAL OF BALOCHISTAN POLICE, QUETTA S. 561-a---Constitution of Pakistan, art. 199---Constitutional jurisdiction and inherent powers of High Court---Scope---Quashing of FIR---Scope---High Court does not interfere in the case when it is at investigation stage, either by exercising constitutional jurisdiction or its inherent powers under S. 561-a, Cr.P.C.---Idea behind the principle is that the police should be allowed to perform its duty in its own sphere to reach at a definite conclusion with regard to complicity or innocence of the accused---Investigating Officer and incharge of the police station have been invested with powers under Ss. 169 & 173, Cr.P.C. to submit their report with their opinion, if evidence in the case is found deficient or there are no reasonable grounds to justify the forwarding of accused for trial---accused, on submission of report under S. 173, Cr.P.C., for trial, may seek his acquittal under S. 249-a or 265-K, Cr.P.C., at any stage from the Trial Court---If the proceedings are pending before any court and it appears that there is abuse of process of court, only then it can make an order for quashing of proceedings---Quashing of FIR is ordered only in exceptional cases when the same is registered without lawful authority.

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2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
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