| Case ID |
1b207662-a7cd-4168-94a1-5ba8c7406e62 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Quashment Petition No. 167- |
| Decision Date |
Jan 02, 2014 |
| Hearing Date |
|
| Decision |
The High Court dismissed the quashment petition filed by Umar Daraz and others, who sought to quash F.I.R. No.350 dated 18-11-2013 under section 365-A, P.P.C. The court found that the accused were prima facie connected to the crime, as the complainant had timely reported the incident and both the abductee and the complainant had given statements implicating the accused. The court ruled that the claims of the petitioners regarding their innocence and allegations of ulterior motives could not be entertained at this stage. It emphasized that the jurisdiction under section 561-A of the Cr.P.C. was not appropriate for quashing the F.I.R. without due process. Thus, the petition was devoid of merit and was dismissed. |
| Summary |
This case revolves around the quashment petition filed by Umar Daraz and others against an F.I.R. alleging kidnapping for ransom. The Peshawar High Court, presided by Judge LAL JAN KHATTAK, examined the merits of the case and the validity of the petitioners' claims of innocence. The court highlighted the importance of timely reporting of the incident and the corroborative statements made by the abductee and the complainant. The petitioners argued that they were wrongfully accused due to personal grudges held by the complainant. However, the court found that the evidence presented was sufficient to maintain the charges against the petitioners. The ruling reinforced the limitations of the High Court's power under section 561-A of the Cr.P.C., emphasizing that it could not quash an F.I.R. merely based on the accused's assertions of innocence. The decision ultimately upheld the legal processes involved in the case, ensuring that justice was served based on the facts and evidence presented. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTAK, J
|
| Lawyers |
Muhammad Wahid Anjum for Petitioners,
Sanaullah Khan Shamim A.A.G. for the State,
Saif-ur-Rehman Khan for the Complainant
|
| Petitioners |
anothers,
UMAR DARAZ
|
| Respondents |
The STATE,
5 others
|
| Citations |
2014 SLD 2555,
2014 YLR 1231
|
| Other Citations |
1996 SCMR 186
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
154,
365-A
|