Citation Name: 2023 PCrLJ 1768 PESHAWAR-HIGH-COURTBookmark this Case AJMAL vs State Ss — 2023 PCrLJ 1768 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1768 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1768 PESHAWAR-HIGH-COURTBookmark this Case AJMAL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 249-; 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

Citation Name: 2023 PCrLJ 1768 PESHAWAR-HIGH-COURTBookmark this Case AJMAL VS State Ss. 561-a, 156, 249-a & 265-K---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), Ss. 324, 148 & 149---attempt to qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Quashing of FIR sought---alternate and efficacious remedy---Complainant got registered an FIR on the basis of injury on his hand but in the final medical report the same (injury) proved to be fake, whereafter he was charged for forgery and using fake documents as genuine---Petitioners (accused persons) sought quashing of the FIR in wake of change of legal and factual aspects of the case---Validity---all the petitioners were nominated in the FIR whereas one of the petitioners had been attributed the role of firing---Investigation of the case though showed the medical report as a result of forgery, however, on the same ground three accused persons had already been granted bail by the subordinate Court---If, at all, the petitioners had been charged in a false case, then they could seek acquittal under S. 249-a or 265-K of the Criminal Procedure Code, 1898, which was the appropriate remedy available to them, for which the Trial Court could be approached---Even, after the registration of the case, the local Police was empowered under section 156 of the Criminal Procedure Code, 1898 to investigate a cognizable offence, therefore, no restriction could be laid to halt the process of investigation---Constitutional petition was dismissed, in circumstances.

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