Captain (R) MUHAMMAD SAFDAR vs INSPECTOR GENERAL OF POLICE, KHYBER PAKHTUNKHWA, CENTRAL POLICE OFFICE, CPO, PESHAWAR Ss — 2022 PCrLJ 1342 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1342 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: Captain (R) MUHAMMAD SAFDAR vs INSPECTOR GENERAL OF POLICE, KHYBER PAKHTUNKHWA, CENTRAL POLICE OFFICE, CPO, PESHAWAR Ss
Subject matter: Criminal
Provisions referred to: S. 196---C; S. 196; Criminal Procedure Code (V of 1898); Penal Code

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

Captain (R) MUHAMMAD SAFDAR VS INSPECTOR GENERAL OF POLICE, KHYBER PAKHTUNKHWA, CENTRAL POLICE OFFICE, CPO, PESHAWAR Ss. 121, 121-a, 124-a, 131, 153, 505 & 511---Criminal Procedure Code (V of 1898), S. 196---Constitution of Pakistan, art. 199---Constitutional petition---Quashing of FIR---Permission of Federal Government, absence of---Petitioner was alleged to have committed offences of waging or attempting to wage war or abetting waging of war against Pakistan, sedition, abetting mutiny, or attempting to seduce a soldier/sailor/airman from his duty, wantonly giving provocation with intent to cause riot and making statements conducing to public mischief---Validity---Provisions of Ss. 121, 121-a & 124-a, P.P.C. with which petitioner was charged fell under Chapter VI of Penal Code, 1860---Complainant was not competent under S. 196, Cr.P.C. to lodge FIR against petitioner---Nothing was produced by authorities to show that complainant was ever authorized by either of the two governments to book petitioner---Mala fide on the part of complainant against petitioner existed who without getting any forensic test of video viral on social media through which he came to know about indulgence of petitioner in so-called anti-state activities, got registered case against petitioner---No report of Forensic Science Laboratory was even produced before High Court to show that no editing was found in video clip which complainant had downloaded from internet regarding petitioner's press talks expressing his venom against government and others---High Court in exercise of Constitutional jurisdiction quashed FIR registered against petitioner---Constitutional petition was allowed accordingly. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

2022 PCrLJ 296 LAHORE-HIGH-COURT-LAHORESAEED VS State art. 22---Identification parade---Object---accused not known previously---Effect---If complainant does not know accused prior…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Rel…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State S. 497---Expressions "appears" and "brought"---Scope---Expression "appears" means appears in response to a summon by Co…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition of offences committed in relation to information system, Paki…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition ofoffences committed in relation to information system, Pakis…

Back to the case-law library · Search Pakistani case law in Urdu or English