Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 265-K & 561-A---Quashing of proceedings---Inherent powers of High Court---Scope---Powers which are conferred on the High Court by virtue of S. 561-A, Cr.P.C. are wide in nature and can be exercised at any time if circumstances of a case so demand---Where an accused person seeks quashing of proceedings pending before a criminal court, the powers of High Court under S. 561-A, Cr.P.C. are akin to the provisions of S. 249-A, Cr.P.C.---Such power under S. 561-A, Cr.P.C. cannot be exercised unless jurisdiction of Trial Court is invoked either under S. 249-A, Cr.P.C. or 265-K, Cr.P.C. Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 200, 249-A & 561-A---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Quashing of proceedings---Petitioner was summoned by Trial Court in a private complaint filed by respondent to face trial on the allegations of cheating and forgery--- Validity--- Petitioner was implicated on the basis of generalized allegation without attribution of any role performed by him in the commission of offence---Complainant in order to secure undue advantage in civil suit, instituted criminal proceedings as a tool---Transaction in question from its very genesis was civil in nature and through sheer misuse and abuse of process of a criminal Court, the complainant had turned the same into criminal litigation---Complainant was not entitled to institute private complainant after extorting an amount of Rs.450,000/- from petitioner as admitted by him before Lower Appellate Court---Proceedings against petitioner, pending before Trial Court were sheer abuse of process of criminal court--- High Court set aside the orders passed by two courts below as there was no probability of conviction of petitioner in any offence---Constitutional petition was allowed in circumstances. The State v. Asif Ali Zardari and another 1994 SCMR 798 ref. THIS JUDGMENT DELIVERED BY: CH. ABDUL AZIZ, JUSTICE:---.--- Through the instant petition moved under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A,…

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