MUHAMMAD ESSA ROOSHAN vs State S — 2021 PCrLJ 1342 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1342 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: MUHAMMAD ESSA ROOSHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 561-; Penal Code (XLV of 1860)

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

MUHAMMAD ESSA ROOSHAN VS State S. 561-a---Penal Code (XLV of 1860), Ss. 196, 153-a, 123-a & 124-a---Inherent powers of High Court---Quashing of FIR---Scope---Prosecution for offences against the State---Condemnation of the creation of the State, and advocacy of abolition of its sovereignty, sedition, promoting enmity between different groups---Scope---Petitioner sought quashing of FIR registered with the allegation of hateful speeches and promoting feelings of hatred amongst different racial, regional groups and communities---First Information Report was registered under Ss. 123-a, 153-a & 124-a, P.P.C. which were non-cognizable---Cognizance could only be taken on the complaint instituted by the Federal Government or Provincial Government concerned---Provisions of section 196, CrPC were couched in negative language which were mandatory in nature as opposed to being merely directory---Competent authority had not initiated the process, thus, jurisdiction under S. 561-a, Cr.P.C., could be invoked to prevent abuse of process of the court---Petition under S. 561-a, Cr.P.C. was allowed and the FIR was quashed.

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2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
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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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