Law: Criminal Procedure Code (V of 1898)

Section: 195(c),561A

Law: Pakistan Penal Code, 1860

Section: 420,465,467,468

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 195(c) & 561-A---Penal Code (XLV of 1860), Ss. 467, 468, 420 & 465---Prosecution for offences relating to documents given in evidence, forgery, cheating and dishonestly inducing delivery of property---Inherent powers of High Court---Quashing of FIR--- Petitioners invoked inherent jurisdiction of High Court and sought quashing of FIR---Allegation against petitioners was that they, in their capacity as patwaris forged the revenue record---Validity---Civil and criminal proceedings could run simultaneously, it did not affect each other because both the forums had to take cognizance upon the similar matter having different dimensions and parameters, hence, where the forgery or fraud appeared to have been committed during the pendency of suit, the court could under S.195(c), Cr.P.C. direct concerned authority to initiate proceedings but where forgery appeared to have been committed prior to filing of suit then criminal proceedings could not be stopped---Petition was dismissed, in circumstances. M. Naeem v. The State through Prosecutor-General, Province of Sindh 2010 P.Cr.LJ 1039; Sheikh Muhammad Tahir v. The State and 2 others 2012 PCr.LJ 1075; Abdul Jabbar v. The State through Assistant Advocate General Kotli and 2 others 2014 PCr.LJ (AJ&K) 1 and Gul Muhammad v. The State 2015 PCr.LJ 1329 distinguished. Shan Muhammad v. Muhammad Younis and 4 others 2014 SCR 183 fol. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Nature and scope---Abuse of process of court---Scope---Jurisdiction of High Court under S.561-A, Cr.P.C. was neither alternative nor additional in its character and had to be rarely invoked only in the interest of justice as to seek redressal of grievance for which no other procedure was available and that provision should not be used to obstruct or divert the ordinary course of criminal procedure---Section 561-A, Cr.P.C. conferred upon High Court inherent powers to make such orders as might be necessary to give effect to any order under Cr.P.C. or to prevent abuse of process of any court or otherwise to secure the ends of justice---Powers under S.…

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