BALQIAZ ALI SHAH alias ATTA ULLAH JAN vs WRASHEM GUL Ss — 2025 PLD 36 PESHAWAR-HIGH-COURT

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BALQIAZ ALI SHAH alias ATTA ULLAH JAN VS WRASHEM GUL Ss. 154 & 561-a---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), Ss. 302 & 34---Quashing of FIR---Exceptional circumstances---Scope---Powers of the High Court---Scope---Of-course, the High Court has the powers to quash FIR but only in exceptional circumstances, i.e., where the allegations made in the FIR, on the face of it, do not constitute a cognizable offence, or the allegations made in the FIR are false or it reflects that an attempt has been made to convert civil liability into a criminal case, or where there is an express legal bar in any of the provisions of the Code or the concerned act, under which a criminal proceeding is instituted---Thus, the High Court has no jurisdiction, whatsoever, to take the role of the Investigating agency and to quash the FIR, while exercising constitutional power under art. 199 of the Constitution or under S. 561-a, Cr.P.C., unless and until very exceptional circumstances exist---Constitutional petition filed by accused, being merit-less, was dismissed in limine, in circumstances. Citation Name: 2025 PLD 36 PESHAWAR-HIGH-COURTBookmark this Case BALQIAZ ALI SHAH alias ATTA ULLAH JAN VS WRASHEM GUL S.154---Constitution of Pakistan, Art. 199---Penal Code (XLV of 1860), Ss. 302 & 34---Quashing of FIR---Constitutional jurisdiction of High Court---Scope---Petitioner/accused sought quashment of FIR by invoking constitutional jurisdiction of the High Court---Validity---Allegations against the petitioner/accused, on the face of it, did disclose commission of a cognizable offence and the contentions of the petitioner related to factual controversy, which could only be determined after recording pro and contra evidence and said exercise could not be done in constitutional jurisdiction of the High Court---Petitioner/accused had the right to put his defence before the Investigating Officer and if the allegations put-forth by the complainant were found false, the Investigating Officer could proceed against him in accordance with law---Moreso, the complainant had come up with certain allegations and justice demanded that he might be given an opportunity to prove the same---Thus, ordinary course of trial is not to be deflected by resorting to quashing of the FIR---Constitutional petition, being merit-less, was dismissed in limine, in circumstances. Citation Name: 2025 PLD 36 PESHAWAR-HIGH-COURTBookmark this Case BALQIAZ ALI SHAH alias ATTA ULLAH JAN VS WRASHEM GUL Ss. 154 & 561-a---Constitution of Pakistan, art. 199---Penal Code (XLV of 1860), Ss. 302 & 34---Partial quashing of FIR---Legality---Quashing of FIR filed by only one of the accused persons---Scope---allowing partial quashment of FIR for one accused is not permissible under law---Constitutional petition, being merit-less, was dismissed in limine, in circumstances. Citation Name: 2025 PLD 36 PESHAWAR-HIGH-COURTBookmark this Case BALQIAZ ALI SHAH alias ATTA ULLAH JAN VS WRASHEM GUL Ss. 154, 156, 169, 173 (3), 249-a, 265-K & 561-a---Penal Code (XLV of 1860), S. 182---Quashing of FIR---Scope---allegations against the petitioner/accused, on the face of it, did disclose commission of a cognizable offence---Under S. 154, Cr.P.C., the Police has statutory duty to register FIR regarding commission of any cognizable offence, and its purpose is only to set the criminal law in motion---Provisions of S. 154, Cr.P.C., are mandatory in nature---When FIR is registered, then the local Police under S. 156, Cr.P.C have the statutory rights to investigate the case and interference by Court with duties of police is not permissible under the law---as FIR is not an encyclopedia of all the relevant facts, therefore, the image presented by the FIR will be clarified when all the incriminating material is brought on record during investigation and if the accused is found innocent during investigation, he can be dealt with in accordance with the provisions of Ss. 169/173(3), Cr.P.C., read with Ss. 249-a/265-K. Cr.P.C, besides pressing into service the punitive proceedings by sending a complaint under S. 182, P.P.C., against informer/complainant of the FIR---Therefore, it would be unjust, if before the real facts are collected by the investigating agency, the FIR alleging the commission of cognizable offences is nipped in the bud---Constitutional petition, being merit-less, was dismissed in limine, in circumstances.

BALQIAZ ALI SHAH alias ATTA ULLAH JAN vs WRASHEM GUL Ss — 2025 PLD 36 PESHAWAR-HIGH-COURT

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