| Citation(s) |
|---|
| 1995 SLG 680 1995 SLD 680 , 1995 PLD 76 |
Quetta High Court
Criminal Miscellaneous Quashment No.4 of 1994, decided on 1st September 1994.
Presented By: Before Javed Iqbal J
Muhammad Ashraf Khan Tanooli for Petitioner. Mir Aurangzaib on behalf of Advocate-General and Mushtaq Anjum on behalf of Dy. Attorney-General for State.
Criminal Miscellaneous Quashment No.4 of 1994, decided on 1st September 1994.
Presented By: Before Javed Iqbal J
Muhammad Ashraf Khan Tanooli for Petitioner. Mir Aurangzaib on behalf of Advocate-General and Mushtaq Anjum on behalf of Dy. Attorney-General for State.
Syed TAHIR HUSSAIN MEHMMODI ;Petitioner
VERSUS
THE STATE through Assistant Director, F.I.A., C.B.C, Quetta ---Respondent
Law: Governor-Criminal Procedure Code (V of 1898)
Section: 561
Law: Penal Code (XLV of 1860)
Section:
P L D 1995 Quetta 76 Criminal Miscellaneous Quashment No.4 of 1994, decided on 1st September 1994. Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent jurisdiction under S.561-A, Cr.P.C. should not normally be invoked where another remedy is available. Criminal Procedure Code (V of 1898)--- ----S. 561-A---High Court for quashing of criminal proceedings must be able to come to a clear conclusion that either the accused is innocent or the conviction is quite impossible. PLD 1975 Kar. 231; PLD 1961 Kar. 220 and PLD 1976 Kar. 706 ref. Penal Code (XLV of 1860)-- ----S. 174---Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings---Magistrate was fully competent to take cognizance of the matter under S.195(1)(a), Cr.P.C. and issuance of notice by him to the accused suffered from no illegality or irregularity whatsoever---No extraordinary and exceptional reasons were available to interfere at such stage and it was too premature to give any verdict regarding civil or criminal nature of the case-- Lapse of long period since initiation of the case was no ground for quashing of proceedings---Petition was dismissed in circumstances. PLD 1975 Kar. 231; PLD 1961 Kar. 220; PLD 1976 Kar. 706; 1986 SCMR 483; Shahabuddin v. State AIR 1961 J&K 54 - 55 - (1961) 2 Cr.LJ 87; PLD 1967 SC 137; 1986 PCr.tLJ 2239 and PLD 1967 SC 317 ref. Criminal Procedure Code (V of 1898)--- ----S. 561-A---Proceedings cannot be quashed where allegations in the complaint on the face of it disclose a prima facie case and the Trial Court has done nothing except to summon the accused to answer the allegations which require to be tested in the light of the evidence to be adduced. PLD 1967 SC 137 ref. Criminal Procedure Code (V of 1898)--- ----S. 561-A---Powers under S.561-A, Cr.P.C. cannot be so utilized as to interrupt or divert the ordinary course of Criminal Procedure as laid down in the Statute and High Court should be extremely reluctant to interfere where a competent Court of law had just taken the cognizance of the matter. Criminal Procedure Code (V of 1898)--- ----S. 561-A---Invocation of S.561-A, Cr.P.C.---Aggrieved person may choose any remedy for the redress…