This is an application under Section 561-A Cr.P.C. for the quashment of FIR No, 186 dated 7.5.2008 under Section 188 PPC registered at Police Station West Cantt. Peshawar.
2. The only question falling for determination in this quashment petition is a legal question, namely, whether High Court in exercise of its powers under Section 561-A Cr.P.C. is competent to quash the F.I.R.?
3. A plain reading of Section 561-A Cr.P.C. shows that nothing in the Criminal Procedure. Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court or otherwise to secure the ends of justice. In the instant case, neither any order has been made by any Court nor any process is issued by any Court. So, the question of making such orders as may be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court does not arise.
4. A similar question came up for consideration before the August Supreme Court of Pakistan in the case of Sarfaraz Khan Vs. The State (1996 SCM R 186); in that it was held 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. I am inclined to adhere to this exposition of the law and accordingly hold that an FIR cannot be quashed under Section 561-A Cr.P.C.
5. In the result, this petition being not competent is dismissed in limine.