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 the apex Court of the Country in 1996 SCM R 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.