Legal Question in Criminal Law in Pakistan
A person has registered FIR under 489f against me. police has declared me innocent now i m going for quashment of FIR from high court. High court will cancell the FIR in first appeance or i should produce wittnessess/documents and applicant/Mudai will also appear before the court? or high court will not inform him and cancell FIR, this FIR is registered through court 22a, b. Is it lenthy procedure or simple.
2 Answers from Attorneys
Dear !
you can go for quashment of FIR in the same court if Police has already put their record before court that this person is innocent then the court has discretion it can ask for notice to other party or it can see the file and if satisfied can quash the FIR instantly. But in most of the cases the notice is sent to the other party, so that no one should be condemned unheard and under the maxim of Audi Alterm Partem.
If you are going to high court if will also see the record and ask for notice to complainant for his arguments as well and can ask for remand to the trial court for recording of evidence.
i do not think high court will quash your F.I.R. Quashment is an extraordinary relief .i do not exactly on what ground you went to high court for Quashment. you will be directed to go back and face the trail. and more importantly you have other remedies to get remedied.
the court will call prosecution (informant/complainant and I.O)
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