Naeem Ahmed vs State Ss — 2026 MLD 798 Gilgit-Baltistan Chief Court

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Naeem Ahmed VS State Ss. 173, 154 & 561-a---Penal Code (XLV of 1860), Ss. 324, 337-a, 337-F, 427, 160, 147, 148 & 34---Murderous assault---Quashing of FIR---Petitioner alleged that after the lapse of more than 12 years, challan of the cases had not been submitted by the prosecution, showing that prosecution had failed to collect sufficient material against the petitioner/accused to link him with alleged commission of offence, therefore, the said FIRs were liable to be quashed--- admittedly FIR under Ss.148, 147, 160, 427, 337-F, 337-a, 324 & 34, P.P.C was registered at Police Station against the present petitioner/accused on 25-02-2013 and other FIR was registered under S.13 of Pakistan arms Ordinance, 1965, against the petitioner/accused on 03-03-2013 at the instance of one Police Officer---Despite lapse of more than 12 years the registration of the said FIRs, the prosecution had failed to submit challan of the case of the petitioner/accused in the Court of competent jurisdiction for trial of the petitioner /accused, whereas under the provisions of S.173, Cr.P.C, the SHO concerned was duty bond to submit challan in the Court of competent jurisdiction within maximum 17 days of the recording of FIR, but the prosecution had miserably failed to comply with the said provisions of law---Speedy trial was right of every accused person, therefore, unnecessary delay in trial of such cases would amount to denial of justice to the accused---accused/petitioner could not wait for trial for an indefinite period---From the conduct of prosecution it could be safely inferred that the prosecution had failed to collect sufficient evidence against the accused/petitioner, therefore, the prosecution had not submitted the challan of the case in the Court within stipulated period---Thus, the petitioner/accused had successfully made out a case for quashment of FIRs---Petitions were accepted by quashing both the FIRs and the petitioner/accused were discharged of the charges mentioned therein.

Naeem Ahmed vs State Ss — 2026 MLD 798 Gilgit-Baltistan Chief Court

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