MUHAMMAD NASEEM vs STATION HOUSE OFFICER, POLICE STATION ZARGHOOM ABAD, QUETTA Ss — 2021 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1570 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: MUHAMMAD NASEEM vs STATION HOUSE OFFICER, POLICE STATION ZARGHOOM ABAD, QUETTA Ss
Subject matter: Criminal
Provisions referred to: S. 195; S. 561-A; Criminal Procedure Code (V of 1898)

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 NASEEM VS STATION HOUSE OFFICER, POLICE STATION ZARGHOOM ABAD, QUETTA Ss. 325, 420, 500 & 182---Criminal Procedure Code (V of 1898), Ss. 195(1)(b) & 561-A---Attempt to commit suicide, cheating, defamation and giving false evidence---Quashing of FIR---Inherent powers of High Court---Cognizance, taking of---Petitioner/accused was aggrieved of registration of FIR which was registered on the bases of evidence recorded by prosecution witness during trial of another criminal case against petitioner/accused---Plea raised by petitioner/ accused was that FIR could only be registered on the complaint of Judge before whom the evidence was recorded---Validity---Private person had no authority under S. 195(1)(b) Cr.P.C. to file complaint---Right to prosecute under relevant section was restricted and Courts were prohibited from taking cognizance of offences mentioned therein unless and until public servants or the Courts directly concerned or their superior officers or Courts themselves would make complaint--- Provision of S. 561-A, Cr.P.C. could be used sparingly but it conferred wide powers on High Court to meet such eventualities and pass any order, which ends of justice may require---First Information Report was registered on report of private complainant who was neither permitted to lodge the FIR nor he was a public servant authorized for the purpose as envisaged under S. 195, Cr.P.C.---Proceedings carried out by concerned police station were void and nullity in the eyes of law---High Court quashed the FIR and proceedings against petitioner/accused--- Petition was allowed in circumstances.

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