P L D 2000 Peshawar 48 (PLP)
Khanzada IFTIKHAR AHMED KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | P L D 2000 Peshawar 48 (PLP) |
| Forum / Court | |
| Bench Members | Mian Muhammad Ajmal, C J |
| Parties | Khanzada IFTIKHAR AHMED KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in P L D 2000 Peshawar 48 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2000 Peshawar 48 (PLP)?
The case was heard and decided by the bench comprising: Mian Muhammad Ajmal, C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2000 Peshawar 48 (PLP) (Khanzada IFTIKHAR AHMED KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Javed Gohar Khan for Petitioner:
Headnotes / Summary
‑‑‑‑S. 561‑A‑‑‑Penal Code (XLV of' 1860), S.353/382/387/448/506‑‑ Quashing of F.1.R.‑‑‑Inherent jurisdiction of High Court under S.561‑A, Cr.P.C. could be invoked for prevention of abuse of process of Court or to secure ends' of justice‑‑‑Process of Court had not yet commenced as challan of the case against accused had not been put in Court‑‑‑No proceedings being pending in Court, question of abuse of process of Court would not arise‑‑ Petition for quashing of F.I.R. not being maintainable, was dismissed in circumstances. 1996 SCMR 186‑ref.
Judgment & Decree
1996 SCMR 186‑ref. Javed Gohar Khan for Petitioner: Khanzada Iftikhar Ahmed Khan, petitioner has sought quashment under section 561‑A, Cr.P.C. of the F.I.R. No.409, dated 22‑6‑1999 registered under section 353/506/448/387/382, P.P.C. and under section 20, M.P.O., Police Station Zaida.
2. Brief facts of the case are that Muhammad Tawab, Tehsildar Swabi sent a written report to the S:H.O., Police Station Zaida to the effect that on 22‑6‑1999 at 12‑15 hours he alongwith his staff was present in the Municipal Committee, Zaida in connection with the attestation of mutations work, Iftikhar accused alongwith his companions duly armed with pistols interfered in his duty and forcibly restrained him from his official work. The accused also snatched away some money from him which was collected as Government Tax.
3. After hearing the learned counsel for the petitioner and going through the available material on the file, I find this petition to be premature and thus unmaintainable. Under section 561‑A, Cr.P.C. inherent jurisdiction of this Court can be invoked for the prevention of abuse of the process of any Court or to secure ends of justice. In the instant case, challan has not been put in Court so far and the process of the Court has not yet commenced, therefore, this petition is not maintainable at this stage. It has been held by A the apex Court of the Country in 1996 SCMR 186 .that the High Court in exercise of its powers under section 561‑A, Cr.P.C. is not competent to quash the ‑F.I.R. Since no proceedings are pending in any Court so far, therefore, the question of abuse of the process of the Court does not arise. In view of the above, this application for quashment under section 561‑A, Cr.P.C. is dismissed in limine. H.B.T./45/P Application dismissed.