PESHAWAR HIGH COURT BAR vs State Ss — 2022 PLD 248 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 248 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: PESHAWAR HIGH COURT BAR vs State Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860); Criminal Procedure 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

PESHAWAR HIGH COURT BAR VS State Ss. 154 & 155---Penal Code (XLV of 1860), Ss. 506, 189, 427, 148 & 149---Constitution of Pakistan, Art. 199---Quashing of FIR in constitutional jurisdiction of High Court---Non-cognizable offences---In the present case FIR was registered against certain lawyers on the allegation of causing damage to government property inside Deputy Commissioner Complex---As per contents of the FIR the mob was neither armed with deadly weapons nor caused injury to any person nor extended any threat to cause death or grievous hurt, therefore, the allegations made in the FIR, on the face of it, did not constitute cognizable offences---Hence, lodging of the present FIR in non-cognizable offences was in utter violations of the provisions of the Criminal Procedure Code, 1898---Constitutional petitions were allowed and impugned FIR was quashed. Head Notes

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