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State vs Chaudhry MOHAMMAD KHAN S — 2025 PLD 254 SUPREME-COURT

Case information

Citation
2025 PLD 254 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
State vs Chaudhry MOHAMMAD KHAN S
Subject matter
Criminal
Provisions referred to
S. 154---C

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

State VS Chaudhry MOHAMMAD KHAN S. 154---Constitution of Pakistan, Art. 199---Quashing of FIR---Constitutional jurisdiction of the High Court---Scope---Jurisdiction in terms of Article 199 of the Constitution for quashing an FIR can only be exercised in exceptional cases---Exercise of extra-ordinary jurisdiction for quashing an FIR under Article 199 is permissible only in cases when the facts on record unequivocally indicate that no offence can be established against the accused; or if registration of FIR reflects a misuse of legal authority or lacks any sound legal justification because allowing the prosecution to continue under such conditions would constitute an abuse of the process of law, justifying the quashing of the FIR; cases registered without proper authority or in clear violation of established laws must also be quashed to maintain the integrity of the judicial system---However, the court should not invoke this provision if the allegations made by the prosecution establish a prima facie case against the accused---Even if a civil dispute is pending between the parties, FIR cannot be straightaway quashed based on the civil dispute---Criminal proceedings are not barred in presence of civil proceedings and civil and criminal proceedings can proceed simultaneously.

Other judgments reported in 2025 PLD

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