Mehmood Khan Achakzai vs State S — 2025 PCrLJ 492 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mehmood Khan Achakzai VS State S. 561-a---Penal Code (XLV of 1860), Ss. 447, 448 & 34---Constitution of Pakistan, art. 199---Criminal trespass, house-trespass, common intention---Quashing of FIR---Scope---Petitioner sought quashing of FIR lodged against him on the grounds that the complainant registered FIR against the petitioner with the allegation that the property of complainant had been possessed by petitioner's family members without mentioning the name of said family members---Possession of the said property had been retrieved by the State---First Information Report was lodged after an unexplained delay of five years---admittedly, the property in question was a residential plot, and did not come within the definition of house, as such, question of house trespass defined in S.442, P.P.C and punishable under S.448, P.P.C did not arise---Section 447 describes that whoever enters into or upon property in the possession of another with intent to commit an offence---Said provision states that anyone who enteres or remains on an another person's property with the intent to commit an offence, intimidates insults or annoys the person in possession of that property---Under S. 441, P.P.C the main aim or object or dominant intention of entry should be either to commit an offence or to intimidate, insult or annoy the person in possession of the property---Under art. 203 of the Constitution it was the responsibility of the High Court to supervise all subordinate courts and to take appropriate measure for preventing maladministration of justice and abuse of the process of law in appropriate cases, where the case is of no evidence and very registration of case is proved to be mala fide or the case is purely of civil nature or when there is unexceptional delay---If the continuation of trial proceedings would be an exercise of futility, wastage of time and abuse of process of Court, then it would be in the interest of justice to quash its proceedings, unless the accused person had first availed his remedy under S.249-a, or 265-K Cr.P.C.---In the instant case neither any allegation within the meaning of S.447, P.P.C had been levelled against the petitioner nor element of intimidation, annoyance or insulting any person in possession of the property in question was alleged in the FIR or in supporting evidence---Thus, no case under S.447, P.P.C was prima facie made out against the petitioner, therefore, the proceeding initiated on the basis of the FIR were declared to have been made without lawful authority having no legal effect---Constitution petition was allowed accordingly.

Mehmood Khan Achakzai vs State S — 2025 PCrLJ 492 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ