Law: Criminal Procedure Code (V of 1898)

Section: 87,88,190(2),265-K,561-A

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 561-A --------- Penal Code (XLV of 1860), Ss.302 & 34 --------- Qatl-i-amd, common intention --------- Quashing of proceedings --------- Powers of High Court --------- Scope --------- High Court, no doubt had the powers under S.561-A, Cr.P.C. to quash any proceedings pending before any subordinate court, but that could be done only to prevent an abuse of the process of court, or to secure the ends of justice, when there was no other alternate remedy available --------- High Court, in exercise of such powers, could take into consideration the material, which was available on the record --------- Powers under S.561-A, Cr.P.C. were to be exercised sparingly and in extraordinary circumstances and could not be utilized to divert the ordinary course of criminal procedure and the provisions were not meant to stifle the prosecution case, so as to interrupt or divert course of criminal procedure as laid down in the procedural statutes --------- In the present case, accused was arrested at the instance of informer on suspicion; and one of alleged accused was absconder --------- F.I.R., in the case was lodged against unknown persons --------- No material was available on record that there was some enmity between the deceased and accused --------- No incriminating articles had been recovered from the possession of accused during Police custody; and accused had not given any confessional statement --------- Present case was fit where extraordinary relief under S.561-A, Cr.P.C. should be allowed to accused by quashing the proceedings against him before the Trial Court; and setting aside the impugned order, as no material was available on record to connect accused with commission of offence, particularly, when the complainant himself sworn affidavit before the High Court that he had no objection, if accused be acquitted, or proceedings against him were quashed --------- Impugned order was set aside and proceedings pending against accused before the Trial Court, were quashed. Mairaj Khan v. Gul Ahmed 2000 SCMR 122; Safdar Ali v. Zafar Iqbal and others 2002 SCMR 63 and Bashir Ahmed v. Zafar-ul-Islam PLD 2004 SC…

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