Sher Zaman vs State Ss — 2025 PCrLJ 1963 PESHAWAR-HIGH-COURT

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Sher Zaman VS State Ss. 561-a & 154---Penal Code (XLV of 1860), S. 188---act of disobeying a lawfully promulgated order from a public servant---Quashing of FIR---Scope---Petitioner made construction in a property, which was attached in terms of S.145,Cr.P.C., by the Executive Magistrate, thus the impugned FIR was lodged---It was indisputable that after acceptance of the criminal revision petition by the Sessions Court on 02.11.2016, neither the order of attachment was in field nor the main proceedings under S.145,Cr.P.C., were pending before the Sub Divisional Magistrate for further process in terms of apprehension of breach of peace, whereas, the lodging of the FIR against the petitioners had its roots in the proceedings under S.145, Cr.P.C., and alleged violation thereof, which had been scrambled down and admittedly the order of termination of proceedings under S.145, Cr.P.C., had not been questioned or remained the subject matter of proceedings at any forum after the decision by the Revisional Court dated 02.11.2016---Thus, it appeared that the non-existence of dispute about breach of peace was accepted by petitioners and even by the State as none of them had challenged the order of termination of the proceedings---When the basic/initial order, on the basis of which, the criminal case bearing FIR No. 99 dated 22.05.2014 was registered against the petitioners, was no more in field then the entire superstructure shall fall on ground---Court shall not take cognizance of the prosecution for contempt of lawful authority of public servants of any offence punishable under Ss.172 to 188, P.P.C, except on the complaint in writing of public servant concerned or of some other public servant to whom he was subordinate---In the instant matter, irrespective of passing of an order of attachment of property, which though was later on set aside by the revisional Court, did not provide any justification to respondent No.2 or any other public servant to get registered FIR and that too under S.188, P.P.C, which in Schedule-II of Cr.P.C., had been categorized as a non-cognizable offence---In non-cognizable offences no FIR could be lodged except as ordained in S.155 of Cr.P.C.---Respondents being public functionaries, were required to act in accordance with law with proper and reasonable justification---Thus, the proceedings in terms of the FIR would be an abuse of the process of the Court and when so, the High Court had got vast powers to quash criminal proceedings---Jurisdictional requirement for the exercise of the powers under S. 561-a, Cr.P.C., were to give effect to any order under the Criminal Procedure Code, to prevent abuse of process of any Court, to secure the ends of justice---In order to seek interference under S.561-a,Cr.P.C., three conditions are to be fulfilled i.e. the injustice which comes to light should not be of a trivial character; the injustice which is noted is of a clear and palpable character and not of a doubtful character; and there exists no other provision of law by which the party aggrieved could have sought relief---Purpose of invoking provisions of S.561-a,Cr.P.C.,is mainly to prevent abuse of process of Court and to secure the ends of justice and the circumstances of the instant case fully deserved the exercise of inherent powers conferred upon this Court under S.561-a,Cr.P.C.---Petition was allowed, resultantly the FIR along with all subsequent proceedings were quashed, in circumstances.

Sher Zaman vs State Ss — 2025 PCrLJ 1963 PESHAWAR-HIGH-COURT

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