FIR cannot be straightaway quashed based on the civil dispute between the parties. It is settled law that criminal proceedings are not barred in presence of civil proceedings and that civil and criminal proceedings can proceed simultaneously.
It is pertinent to recognize that the registration of an FIR is a fundamental step in the criminal justice process. The duty to register an FIR arises under Section 154 of the Code of Criminal Procedure, 1898 (Cr.P.C), (naeem)which mandates law enforcement agencies to record any information that discloses a cognizable offence. This statutory obligation is not discretionary therefore courts should not intervene prematurely to stay the registration of an FIR. An FIR serves as the starting point for any investigation, enabling the police to ascertain the veracity of the allegations and collect necessary evidence. The act of staying the registration of an FIR effectively halts this significant process, thereby preventing law enforcement from fulfilling its mandated duty under the law to investigate.
Criminal cases are decided on the basis of material so collected by the prosecution during the course of investigation, and the evidence recorded in the trial Court, and that too, after appraisal of evidence by (naeem)it in accordance with the law applicable thereto. High Court cannot assume the role of an investigation agency or of a trial Court without recording evidece to deliberate upon the factual controversies involved in the cases in exercise of its constitutional jurisdiction.
(copied from the page syed naeem ali advocate)
It is an established legal principle that when a prima facie offence has been committed, the usual course of trial proceedings in accordance with the law in a competent court of law should not be bypassed by invoking the constitutional jurisdiction of High Court.
Writ Petition/Quashment
C.P.L.A.671-L/2017
The State through Prosecutor General, Punjab, Lahore v. Chaudhry Mohammad Khan, etc
Mr. Justice Syed Hasan Azhar Rizvi
27-09-2024
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