MUHAMMAD NAZIR vs MUHAMMAD ASLAM S — 2022 PLD 21 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLD 21 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: MUHAMMAD NAZIR vs MUHAMMAD ASLAM 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

MUHAMMAD NAZIR VS MUHAMMAD ASLAM S. 561-a---Inherent powers of High Court---Quashing of FIR---Scope---High Court/Shariat Court cannot quash the FIR at investigating stage. Head NotesCase Description Citation Name: 2022 PLD 21 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD NAZIR VS MUHAMMAD ASLAM S. 561-a---Inherent powers of High Court---Quashing of FIR---Scope---High Court/Shariat Court is not empowered to assume the role of investigating agency for the purpose of appreciation of the material which is yet to be finalized by the investigating agency---If after completion of the investigation the investigating agency reaches the conclusion that a cognizable offence has been made out, the proper course is to investigate the matter while providing fair opportunity to both the parties to place their point of view before the investigating agency---If the investigating agency reaches the conclusion that no case has been made out, then law empowers it to recommend for cancellation of the case---If the challan is presented in the Court the new situation emerges and the accused can file application under Ss. 249-a & 265-K, Cr.P.C.---High Court/Shariat Court has no jurisdiction to quash the FIR at investigating stage. Head NotesCase Description Citation Name: 2022 PLD 21 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD NAZIR VS MUHAMMAD ASLAM S. 561-a---Inherent powers of High Court---Scope---Powers under S. 561-a, Cr.P.C., being extraordinary in nature must be exercised sparingly with utmost care and caution and it should not be exercised in casual and cursory manner. Head NotesCase Description

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