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MEHBOOB ALI vs State Ss — 2022 PCrLJ 1788 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 1788 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
MEHBOOB ALI vs State Ss
Subject matter
Criminal

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

MEHBOOB ALI VS State Ss. 22-a, 22-B & 154---Constitution of Pakistan, art. 199---Constitutional petition---Quashing of FIR---Principle---Petitioner was aggrieved of registration of FIR against him on the basis of order passed by Ex-officio Justice of Peace---Validity---Registration of FIR was to pass multiple phases of investigation where authenticity of allegation or innocence of accused or any mala fide on part of complainant could be checked by investigating officer---Such was premature to quash FIR soon after its registration, while exercise jurisdiction under art. 199 of the Constitution---High Court could quash FIR, provided that if on the face of record there was question of jurisdictional defect or legal authority of person who was registering FIR or where there was some grave violation of law e.g. if law required that Court would take cognizance of an offence upon complaint but FIR was registered or where if allegations made in FIR even if believed, they would not constitute an offence---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

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