Case Details

Citation(s)
2013 SLG 2932 2013 SLD 2932 2013 YLR 2716
Sindh High Court
Criminal Miscellaneous No. 308 of 2011, decided on 18thJuly, 2013. DATE of hearing: 15th January, 2013
AQEEL AHMED ABBASI, J
Khawaja Shamsul Islam for Applicants. Khawaja Naveed Ahmed for
Respondent No. 1. Saleem Akhtar Buriro, A.P.G. for
Respondents Nos. 2 and 3

YASMIN GUL KHANANI |and anothersVsTARIQ MEHMOOD and 2 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.561-A---Quashing of F I.R.---No bar imposed on filing application under section 561-A, Cr.P.C. seeking quashing of F.I.R. and proceedings emanating therefrom at any stage, provided aggrieved party was able to demonstrate by furnishing sufficient material that entire proceedings were false, frivolous, vexatious and had been initiated to abuse process of law and if such proceedings were not quashed, gross injustice, harm and injury might be caused to accused persons nominated therein. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 265-K & 561-A---Constitution of Pakistan, Art.203---Inherent powers of High Court---Acquittal of accused---Principles---Such powers under S. 561-A. Cr.P.C. are to be exercised in exceptional cases---Application under S. 561-A, Cr.P.C. may not be treated as alternate of appeal or revision---Powers conferred on High Court under S. 561-A, Cr.P.C. are very wide and can be exercised at any stage of proceedings---High Court, under Art. 203 of the Constitution is responsible for entire administration of justice and is charged with responsibility of supervising all Courts subordinate to it---High Court is competent to take all appropriate measures for preventing maladministration of justice and abuse of process of law in appropriate cases---When case is of no evidence or registration of case is proved to be mala fide or case is purely of civil nature or when there is unexceptional delay in disposal of case causing deplorable mental, physical and financial torture to the person proceeded against, High Court is competent to take cognizance of the matter and by exercising inherent powers under S.561-A, Cr.P.C. to correct a wrong by ordering quashment of F.I.R. and proceedings emanating therefrom---Powers vested in High Court under S.561-A, Cr.P.C. are co-extensive with the powers vested in Trial Court under Ss. 249-A and 265-K, Cr.P.C., and in appropriate cases, can be invoked directly without resorting to decision by Trial Court under Ss. 249-A and 265-K, Cr.P.C. to avoid abuse of process of Court---In appropriate cases, an aggrieved person can seek redressal of his grievance by…
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