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MUHAMMAD SOHAIL vs STATION HOUSE OFFICER, POLICE STATION, PESCO, PESHAWAR Ss — 2024 PCrLJ 722 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 722 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
MUHAMMAD SOHAIL vs STATION HOUSE OFFICER, POLICE STATION, PESCO, PESHAWAR Ss
Subject matter
Criminal
Provisions referred to
S. 462-O; S. 561-A; Criminal Procedure Code (V of 1898); 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

MUHAMMAD SOHAIL VS STATION HOUSE OFFICER, POLICE STATION, PESCO, PESHAWAR Ss. 462-I & 462-O [as inserted through Criminal Law (Amendment) Act (XV of 2016]---Criminal Procedure Code (V of 1898), Ss. 561-A, 173 & 190---Constitution of Pakistan, Art. 199---Theft of electricity---Quashing of the FIR sought---Electricity Distribution Company ('DISCO') as complainant---Police , powers of---Court to take cognizance of---Contention of the petitioner/accused was that the offence being non-cognizable the Court could only take cognizance of the matter on a complaint in terms of S. 462-O of the P.P.C., therefore, the Police could not register the case---Held, that the Police was competent to register and investigate the case against the petitioner/accused in the present matter, thus, in such circumstances on factual ground, the High Court had no jurisdiction to interfere with the police investigation or take the role of investigation agency and to quash the FIR, while exercising constitutional powers under Art. 199 of the Constitution or S. 561-A of the Criminal Procedure Code, 1908---Constitutional petition filed by the accused for quashing of the FIR was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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