Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.265-K & 561-A---Power of court to acquit accused at any stage---Quashing of FIR---Alternate remedy---Scope---Section 561-A, Cr.P.C. was not meant to circumvent and defeat the procedure laid down by the law nor it could be used by the High Court to usurp the power of Sessions Court to provide/extend remedy to aggrieved person which could be obtained by him by approaching the Sessions Court---Phrase 'at any stage' in S. 265-K, Cr.P.C. ensured that remedy of seeking quashing of proceeding was available to the applicant even when he chose to invoke inherent jurisdiction of High Court. Muhammad Khalid Mukhtar v. The State PLD 1997 SC 275; The State through Deputy Prosecutor-General, NAB v. Tariq Mohsin and others 2004 SCMR 1892 and Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813 ref. THIS ORDER PASSED BY: NAZAR AKBAR, J.--- Through this Crl. Misc. Application the applicant has sought straight away quashment of the proceedings in Crime No.248/2018 under section 465, 302 and 34, P.P.C. registered at P.S Preedy, Saddar, Karachi. The prosecution after investigation has submitted challan in the Court of District and Sessions Judge, South, Karachi through the XV-Magistrate, South, Karachi by order dated 7.7.2018. 2. Learned counsel for the applicant has vehemently claimed that the proceedings have to be quashed since the applicant is innocent person and he has been falsely implicated along with his two legal advisors. However, this Criminal Miscellaneous Application is filed by only one person Imdad Ali son of Bashiruddin resident of Sukkur and his legal advisors are not before the Court. The other grounds taken by the learned counsel are all based on various documents to support that the case is liable to be quashed against the applicant. 3. I am surprised that how this criminal quashment proceedings under section 561-A, Cr.P.C. has been filed directly before the Court without first approaching the learned District and Sessions Judge, South under section 265-K, Cr.P.C. I have examined the record. The record shows that challan has been submitted only 10 days ago when it was forwarded to the learned…

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