PESHAWAR, Aug 30: The Peshawar High Court dismissed on Tuesday a writ petition filed by an accused for quashing an FIR registered against him in a case of desecration of the Holy Quran in Nowshera.

A two-member bench comprising PHC Chief Justice Tariq Pervez and Justice Jehanzeb Raheem observed that the petitioner, Yousaf Masih, had the option to move an application for his acquittal before the trial court.

However, the bench observed that the quashing of the FIR registered against him in Nowshera would be premature.

The accused was charged in an FIR registered on June 28, at the Nowshera cantonment police station under section 295-B of the Pakistan Penal Code.

The incident had triggered violence in the area and an enraged mob had attacked and ransacked a Balmeek temple at Lal Kurthi, Nowshera.

Later, a compromise was reached between people of the area and members of minority communities in Lal Kurthi area. They announced to forgive each other.

Advocate Ezra Shajjaat appeared for the petitioner and contended that he was innocent and falsely implicated in the case.

Even the police investigation proved that the act of the petitioner was unintentional and thus it was not a crime.

The advocate contended that in the light of an agreement between the groups, the FIR registered against the petitioner was liable to be quashed.

The bench observed that once the charge-sheet of the case was put up in the court the petitioner could file application for his acquittal under section 265-K of the Criminal Procedure Code.

The trial court was empowered to acquit a person at any stage of the trial if there was no possibility of his conviction on the basis of available evidence.

The bench also inquired from the counsel that when the police had declared him innocent then why he was not exonerated under section 169 of the CrPC.

The Nowshera police had found out during investigation that it was an error

on part of Yousaf Masih and he was not aware about the presence of some pages carrying verses of the Holy Quran in the garbage which he had set on fire.

The petitioner is between 55 to 60 years of age and has been suffering from some hearing impairment.

He has also past history of mental ailment and the police have confirmed that his MRI (Magnetic Resonance Images) was conducted by the doctor concerned a few years ago.

On the day of occurrence the services of Yousaf Masih were hired by a health professional working in the Nowshera CMH, Ms Fareeda, who had taken the residence on rent.

She had asked him to clean the residence. While cleaning the house, Yousaf Masih had collected the garbage and set it on fire.

Some people of the locality claimed that they had seen him setting on fire some pages of the Holy Quran.