Quashment of FIR or investigation of criminal case --- Scope --- Constitutional jurisdiction of the High Court

 PLD 2023 SUPREME COURT 265

Quashment of FIR or investigation of criminal case --- Scope --- Constitutional jurisdiction of the High Court --- Registration of an FIR and the doing of an investigation are acts amenable to the jurisdiction of the High Courts under Article 199 ( 1 ) ( a ) ( ii ) of the Constitution , thus , the High Courts can declare such acts of the police officers , to have been made without lawful authority and of no legal effect if they are found to be so and can also make any appropriate incidental or consequential order to effectuate its decision , such as quashing the FIR and investigation proceeding .

Inherent power of High Court --- Quashment of FIR or investigation of criminal case --- Scope --- High Court has no power under Section 561 - A , Cr.P.C. to quash an FIR or an investigation proceeding , however , the High Court can quash a judicial proceeding pending before any subordinate court under Section 561 - A , Cr.P.C.

Investigation into a cognizable offence --- Scope - Contents of an FIR have to be seen to ascertain whether a cognizable offence is made out of the allegations contained therein , and mere mentioning of a particular Section of the P.P.C. or any other offence under the law in the FIR is not determinative in this regard .