Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution of Pakistan, 1973, Art. 199 was working as storekeeper and incharge warehouse--Allegation of fraud and misappropriation of certain material--Application for quashment of FIR--Pendency of bail before arrest--Availability of alternate remedy--Maintainability--Inherent powers--Investigation in matter has not yet been completed and Petitioner No. 1 has also stated before police that actually Complainant owes a huge amount to him and for pressurizing and blackmailing Petitioner No. 1, he has registered instant FIR--After hearing counsel for parties and examination of documents it has transpired that both partis are accusing each other for fraud and misappropriation during course of business--Documents relied upon by parties require proper scrutiny of record and probe into facts which can only done at trial stage, which stage under law is meant for digging out actual facts through in depth scrutiny of documentary evidence and statements of witnesses--This Court though has inherent discretionary power u/S. 561-A, but at same time has no powers to step into jurisdiction of Trial Court and indulge in fact finding activities which is exclusive domain of Trial Court--Inherent powers u/S. 561-A, Cr.P.C. cannot be used as a device to short cut proceedings before Trial Court, as jurisdiction u/S. 561-A is exercised only in such cases where there are no disputed facts and there is glaring illegality of action against a person and which does not require any elaboration and detailed inquiry thus, saving of inherent power of High Court u/S. 561-A, Cr.P.C. is invoked in exceptional cases to prevent abuse of process of law and Court under law, an alternate remedy under Section 249-A is available to Petitioner before Magistrate, who has ample power to acquit accused on basis of report of Investigating Officer filed under Section 173, Cr.P.C.--Instant writ petition is held to be not maintainable as petitioner has an adequate, alternate remedy available to him under Section 249-A, Cr.P.C. PLD 2013 SC 401; 2016 PCr. LJ 693; 2005 PCr. LJ 1681. JUDGMENT Through instant Writ Petition under Article 199 of the…

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