ZAHOOR KHAN vs State Ss — 2021 PCrLJ 446 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 446 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: ZAHOOR KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 154; S. 156; S. 182

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

ZAHOOR KHAN VS State Ss. 154, 156, 169, 173, 249-a, 265-K & 561-a---Inherent powers of High Court---Quashing of FIR---Information in cognizable cases---Investigation into cognizable cases---Release of accused when evidence deficient---Report of police officer---Power of Magistrate/Court to acquit accused at any stage---Scope---Police has statutory duty to register FIR regarding commission of any cognizable offence under S. 154, Cr.P.C. and its purpose is only to set the criminal law in motion---Provisions of S. 154, Cr.P.C. are mandatory in nature and when FIR is registered, then the local police under S. 156, Cr.P.C., has the statutory right to investigate the case and interference by the court with duties of police is not permissible under the law---First Information Report is not an encyclopedia of all the relevant facts, therefore, the image presented by the FIR will be clarified when all the incriminating material is brought on record during investigation---If the accused is found blameless during investigation, he can be dealt with in accordance with the provisions of Ss. 169 & 173(3), Cr.P.C., read with Ss. 249-a & 265-K, Cr.P.C., besides pressing into service the punitive proceedings by sending a complaint under S. 182, P.P.C., against informant/ complainant of the FIR---High Court observed that it would be injustice, if, before the real facts are collected by the investigating agency, the FIR alleging the commission of cognizable offence is quashed.

Other judgments reported in 2021 PCRLJ

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--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
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…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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