Law: Criminal Procedure Code (V of 1898)

Section: 22A,249A,265-K,561A

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K, 249-A, 561-A & 22-A--Quashment of private complaint--Inherent powers u/S. 561-A--Speedy Remedy--Quashment by High Court while exercising power u/S. 561-A Cr.P.C., is extra-ordinary remedy, however, sections 249-A and 265-K Cr.P.C. also provide speedy remedy for an accused to agitate his case before trial Court if he is of view that further proceedings would be an abuse of process of law, hence, normal course provides a remedy to applicants which is efficacious remedy--Normally, normal procedure cannot be bypassed else it would amount to frustrating procedural law which approach legally cannot be allowed--Even if two forums have got concurrent/co-extensive jurisdiction yet demand of law would be to approach lower forum first--A deviation may however be made if circumstances justify so which exception shall always be an exception not sufficient for allowing departure from normal procedure without existence of exceptional circumstances--Admittedly, extra-ordinary circumstances are not demonstrated by applicants which could be taken a justification for direct approach of applicants to High Court without first availing equal and efficacious remedy available with them in shape of an application u/Ss. 249-A/265-K Cr.PC, if they believe charge against them to be groundless and continuity thereof to be an abuse to process of law--Even, it is also not case of applicants that they cannot approach to trial Court--Under these circumstances, it would be appropriate for applicants to follow normal procedure i.e to approach trial Court--Mere taking cognizance on any complaint is not a ground that such Court would not consider plea of applicants--Trial Court would be competent to decide fate of application u/S. 265-K Cr.PC. after hearing parties and section itself provides that such powers can be exercised at any stage-Application is dismissed. PLD 2013 SC 401, ref. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE---.--- Through captioned Miscellaneous application, applicants seek quashment of Private Complainant No. 1235 of 2014 pending before the IVth Additional District & Sessions Judge, Karachi East. 2.…

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