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FAZAL AMAN vs SENIOR SUPERINTENDENT OF POLICE (SSP), ISLAMABAD S — 2022 PCrLJN 5 ISLAMABAD

Case information

Citation
2022 PCrLJN 5 ISLAMABAD
Court
Islamabad High Court
Year
2022
Parties
FAZAL AMAN vs SENIOR SUPERINTENDENT OF POLICE (SSP), ISLAMABAD S
Subject matter
Criminal
Provisions referred to
S. 561-

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

FAZAL AMAN VS SENIOR SUPERINTENDENT OF POLICE (SSP), ISLAMABAD S. 561-a--- Constitution of Pakistan, art. 199--- Constitutional petition---Inherent powers of High Court---Quashing of FIR---Scope---Quashing of FIR or interfering in the investigation by the High Court is limited while exercising powers in jurisdiction under art. 199 of the Constitution---Resorting to the provisions of S. 561-a, Cr.P.C., or to the provisions of art. 199 of the Constitution seeking quashing of criminal case is an extraordinary remedy, which can be invoked only in exceptional circumstances and the provisions can never be exploited as a substitute for the prescribed trial or to decide the question of guilt or innocence of an accused---Trial Court is competent to determine the correctness or falsity of the allegations levelled against the accused in the FIR, as prescribed by the Code of Criminal Procedure for the purpose, on the basis of legal evidence led at the trial after a proper opportunity to both the parties to plead their cause.

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