Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 343, 220, 109 & 34---Criminal Procedure Code (V of 1898), Ss. 561-A & 265-K---Wrongful confinement for three or more days, commitment for trial, abetment, common intention---Petition for quashment of proceedings---Alternate remedy---Scope---Allegation against the accused (official of Levy Force) was that he being public servant wrongfully confined son of complainant for six days and two of his friends for nine days---Trial Court called upon the accused-petitioner to face the trial---Accused-petitioner sought quashment of said order---Validity---Accused-petitioner sought acquittal from the charge at a premature stage---Record showed that charge had already been framed but no evidence was recorded---Section 265-K, Cr.P.C. placed discretion with Trial Court to acquit the accused at any stage of the case---Said provision provided to the Trial Court co-extensive power available to High Court under S.561-A, Cr.P.C. and both could be resorted to---Accused-petitioner sought quashment of criminal case without availing the alternate remedy provided under S. 265-K, Cr.P.C.---Constitutional petition would be competent when the petitioner was handicapped in availing of alternate remedy under S. 265-K, Cr.P.C. for acquittal---Circumstances established that no case for quashment of proceedings was made out---Petition was dismissed in circumstances. Ghulam Muhammad v. Muzammil Khan and 4 others PLD 1967 SC 317; Akbar Hussain v. M.M.K.A Zai 1968 SCMR 386; Nasir Ali v. Munshi Mehar Khan PLD 1981 SC 607 and Raja Haq Nawaz v. Muhammad Afzal and 4 others 1971 SCMR 698 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.561-A---Quashment of proceedings---Jurisdiction--- Scope--- Jurisdiction for quashment of proceedings was of an extra-ordinary nature to be exercised only in extra-ordinary cases where no other remedy was available. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- In this Constitutional Petition, the petitioner has made the following prayer:-- "It is therefore, respectfully prayed that keeping in view the submissions made herein-above, this Hon'ble Court may kindly be pleased to quash the impugned…

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