Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 295-C

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), S.295-C---Quashing of proceedings---Accused had allegedly held an introductory ceremony in support of two books named "Zillat" and "Aik Molana Aik Kafir" containing derogatory remarks against the Holy Prophet (peace be upon him) and other Holy personages and delivered a speech along with his co-accused containing such derogatory remarks---D.S.P. (Legal), Gazetted Police Officer, after perusal of the allegations had submitted a report to the police high-ups regarding the offence under S.295-C, P.P.C. having been made out against the accused and others, where after the F.I.R. was registered and investigation had been conducted by S.P. (Investigation) and S.P. (Headquarter)---Investigation in the case, therefore, had been conducted in accordance with law---Trial Court had already recorded statements of three material prosecution star-witnesses against the accused in support of allegations against him and High Court in exercise of its inherent jurisdiction could not pre-empt the jurisdiction of Trial Court, nor could assume the role of Trial Court by examining the depositions of the said prosecution witnesses---Trial being likely to conclude in a short span of time, it was highly inappropriate, rather not permissible, to usurp the jurisdiction of Trial Court simply on the analogy of inherent jurisdiction of High Court---No illegality in the trial before Trial Court had been pointed out warranting exercise through inherent jurisdiction for quashing the proceedings by bypassing the normal procedure---Petition was dismissed in circumstances. Muhammad Mahboob alias Booba v. The State PLD 2002 Lah. 587 and Malik Salman Khalid v. Shabbir Ahmad, District and Sessions Judge, Karachi and another 1993 SCMR 1873 ref. Qari Muhammad Younis v. The State 2001 YLR 484; Muhammad Aslam (Ameer Aslam) and others v. District Police Officer, Rawalpindi and others 2009 SCMR 141; State through Advocate-General, N.-W.F.P. and others v. Gulzar Muhammad and others 1998 SCMR 873; 1996 PCr.LJ 2036; 2000 YLR 1273 and 2006 CLC 1099 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent…

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