Law:

Section:

(a) Penal Code (XLV of 1860)---   ----Ss. 468, 477-A & 120-B---Prevention of Corruption Act (II of 1947), S.5(2)-- Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings---Accused were to face trial in the case on the charges that in connivance with each other they had committed the criminal conspiracy and other offences mentioned in the F.I.R. and the challan in which 11 prosecution witnesses had been cited ---Sufficient evidence, prima facie, had been collected by the prosecution against the accused and it could not be assumed that no case was made out against the accused---Since the complainant had withdrawn his private complaint on his own in which the accused were neither tried by the Court nor punished, they could not by any stretch of imagination be presumed to be tried and punished twice for the same offence in the pending proceedings---Provisions of S. 561-A, Cr. P. C. could not be used to obstruct or divert ordinary course of criminal proceedings---Petition for quashing of proceedings was dismissed in circumstances.   1983 PCr.LJ 1357 distinguished.   A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353; Muhammad Khalid Mukhtar v. The State PLD 1997 SC 275; Asif Ali Zardari's case 1994 SCMR 798; Raja Haknawaz v. Muhammad Afzal and others PLD 1967 SC 354 and Gian Chand v. State 1968 SCMR 380 ref.   (b) Criminal Procedure Code (V of 1898)---   ----S. 561-A---Inherent powers of High Court---Inherent jurisdiction of High Court was neither alternative nor additional in its character and is to be rarely invoked in the interest of justice so as to seek redress of grievance for which no other remedy is available---Such jurisdiction, however, must be invoked in exceptional circumstances.   (c) Words and phrases---   ------ Prosecution "---Meaning expounded.   (d) Constitution of Pakistan (1973)---   ----Art. 13--- "Prosecution ---Connotation-- Prosecution means proceedings either by way of indictment or information in Criminal Courts in order to put an offender upon his trial.   (e) Constitution of Pakistan (1973)---   ----Art. 13---Word "punish"…