Five remedies to quashing FIR or to deal with False FIR

 An

accused person seeking quashing of an FIR has at

least five remedies available before he can have

resort to constitutional jurisdiction. In the first

place, he can take his grievance before the

Investigation Officer and in the event that he is not

satisfied with the conduct of investigation by the

Investigation Officer of the case he can approach

the higher police hierarchy on the investigation side

in terms of Section 551 Cr.P.C. An aggrieved

person, thereafter, also has a remedy before a

Magistrate in terms of Section 63 of the Cr.P.C. to

seek his discharge from the case. Another remedy

under Article 24.7 of the Punjab Police Rules, 1934

is also available to a person seeking quashing of

FIR. Section 190 of the Cr.P.C. also affords a

remedy in this regard and a Magistrate can refuse to take cognizance if no case is made out. Thereafter,

another remedy in the form of Section 249-A

Cr.P.C. is also available to the petitioner in this

respect. An enlightening judgment of this Court

reported as “Qaisar Mahmood v. Muhammad Sham

and another” (PLD 1998 Lahore 72) confirms

what has been held above. After having narrated the

remedies available to a person seeking quashing of

an FIR before he can have resort to constitutional

jurisdiction there is no gainsaying that the present

petition cannot proceed. Even otherwise, the

Hon’ble Supreme Court of Pakistan on numerous

occasions has deprecated the quashing of an FIR by

the High Court since the same amounts to

interference in police investigation. The Hon’ble

Supreme Court of Pakistan in judgments reported

as “Col. Shah Sadiq v. Muhammad Ashiq and

others” (2006 SCMR 276), “Dr. Ghulam Mustafa

v. The State and others” (2008 SCMR 76) and

“Ajmeel Khan v. Abdur Rahim and others” (PLD

2009 SC 102) has viewed quashing of an FIR by

the High Court as legal anathema.