YASIR SHAFIQUE vs STATION HOUSE OFFICER, POLICE STATION CITY MUZAFFARABAD, DISTRICT MUZAFFARABAD, AZAD KASHMIR art — 2022 MLD 1023 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 MLD 1023 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: MLD
Parties: YASIR SHAFIQUE vs STATION HOUSE OFFICER, POLICE STATION CITY MUZAFFARABAD, DISTRICT MUZAFFARABAD, AZAD KASHMIR art
Subject matter: Criminal
Provisions referred to: S. 154---W; 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

YASIR SHAFIQUE VS STATION HOUSE OFFICER, POLICE STATION CITY MUZAFFARABAD, DISTRICT MUZAFFARABAD, AZAD KASHMIR art.44---Criminal Procedure Code (V of 1898), S.154---Writ petition---Quashing of FIR---Scope---Principle of trichotomy of powers which is delicately balanced in the Constitution cannot be disturbed as it grants powers to each organ to decide the matters in its allotted sphere---Not appropriate to divert ordinary course of criminal procedure as laid down in procedural law---Generally, it is within the province and allotted sphere of the Investigation agency to dig out and probe the matter in order to ascertain the veracity and truthfulness of allegations---Despite this, criminal proceedings are not immune from interference absolutely, there are certain exceptions in this regard if FIR is outcome of mala fide, without jurisdiction or amounts to misuse of process of law, definitely High Court can come for rescue of the aggrieved one by exercising the power of judicial review available under art.44 of the azad Jammu and Kashmir Interim Constitution act, 1974.

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