Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Inherent Power of High Court--Under provisions of Section 561-A, Cr.P.C., 1898 High Court has inherent power to make such orders as may be necessary to give effect to any order under Code or to prevent abuse of process of any Court or otherwise to secure ends of justice--These powers are very wide and can be exercised by High Court at any time. Role of police-- ----Jurisdiction of High Court--It is well settled principle of law in such like cases that if free hand to police to play havoc with life, honour and liberty of citizens and to use it as a lever to commit atrocities on innocent citizens under garb of investigation, is allowed to apply, then jurisdiction of High Court would become redundant and citizens would be left at mercy of police. NLR 1995 SD 636, ref. Duty of Court-- ----High Court does not interfere in investigation of a criminal case; however, if Court comes to a conclusion that accused is innocent and his/her conviction is impossible, then High Court is duty bound to quash criminal proceedings. 1995 PCr.LJ (Lahore) 1668, ref. Jactitation of 'Nikah' ----"Sui Juris"--Admitted and valid 'Nikah'--When Applicant No. 1, has admitted her 'Nikah' with Applicant No. 2, and other disputed 'Nikah' has been declared null and void by Family Court, it has become crystal clear that allegations leveled in F.I.R. are baseless--statement of a woman, in such like cases, is of vital importance to decide controversy between parties--Moreover, according to Injunctions of Islam, consent of adult sane couple is sufficient for 'Nikah'--Applicants Nos. 1 and 2 being sui-juris have lawfully married to each other and in these circumstances alleged offences in F.I.R. are not made out and continuance of proceedings under circumstances against spouses may amount to aforesaid unnecessary harassment. Civil P.L.A. No. 86 of 202, ref. Quashment of FIR-- ----It is well established principle of law that each and every case has its own peculiar facts and circumstances, hence, it should be judged in light of its peculiar facts--As discussed above, Applicant No. 1, has categorically admitted her 'Nikah' with Applicant No. 2;…

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