Case Details

Citation(s)
2016 SLG 3303 2016 SLD 3303 2016 PCRLJ 1144

W.P. No. 29 of 2014, decided on 29th March, 2016. Date of hearing: 29th March, 2016.
MUHAMMAD ALAM, JUSTICE AND MALIK HAQ NAWAZ, JUSTICE
Amin Khan for Petitioners. Dy. Attorney General for
Respondents.

FAISAL IQBAL AND 2 OTHERS ERS

VS

THE STATE AND ANOTHER - --Respondent

Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------Ss. 561-A, 249-A & 265-K --------- Quashment of proceedings --------- Scope --------- High Court could exercise its jurisdiction under S. 561-A, Cr.P.C. without waiting for an order to be passed by the trial court under S.249-A or 265-K, Cr.P.C. if the facts of the case so warranted so as to prevent abuse of process of court or otherwise to secure the ends of justice --------- High Court in summary proceedings could not hold that the evidence so collected in the case was true or false when documentary as well as oral evidence against the accused was available --------- When there was nothing on record that there was no probability of conviction of accused or that continuance of criminal case would amount to abuse of process of court and law --------- Constitutional petition was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898) --------- ----------Ss. 561-A, 249-A & 265-K --------- Quashment of proceedings --------- Conditions --------- Criminal proceedings could be quashed when the agency/police who registered the case had no jurisdiction to register the same; when no offence had been made out; when case of civil nature had been turned into criminal proceedings and when there was no probability of conviction and proceedings would tantamount to abuse of process of law and court. (c) Criminal Procedure Code (V of 1898) --------- ----------S. 561-A --------- Inherent powers of High Court --------- Scope --------- Inherent powers vested in High Court were to be exercised in very rare and exceptional circumstances when the court had come to a definite conclusion that some exceptional circumstances existed in the case which might compel the Court to exercise such powers but never ever where alternate remedy was provided by the law itself. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---------- The petitioner named above seeks quashment of FIR No. 14/2013 dated 27/7/2013 registered at FIA Police Station Crime Circle Gilgit. The contents of FIR are re-produced as under:- "An FIR was lodged at Police Station FIA G.B, on the spy information that one German based NGO gave…
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