Law: Criminal Procedure Code (V of 1898)

Section: 561

Criminal Procedure Code (V of 1898), S. 561-A-scope-- Investigation of case registered with police-Cannot be quashed under S. 561-A-Inherent powers conferred by section-Preserved to meet a lacuna in Criminal Procedure Code-Section does not empower High Court to make any order in Interest of justice. Investigation of a case registered with the police cannot be quashed by invoking powers conferred on the High Court by section 561-A of the Code of Criminal Procedure. Inherent powers in this section are preserved to meet a lacuna in the Criminal Procedure Code in extraordinary cases and are not intended to vest the High Court with powers to make any order, which it considers to be in the interest of justice. Ghulam Muhammad v. Muzammal Khan and 3 others P L D 1967 S C 317; Sher Khan and others v. The State 1968 S C M It 62 and Shahnaz Begum v. Hon'ble Judges of the High Court of Sind Baluchistan P L D 1971 S C 677 rel.                                                                                                              ORDER This is a petition by Mst. Zubaida Mai, under section 561-A of the Code of Criminal Procedure, for the quashment of investigation of First Information Report No. 150/72 dated 7th August 1972, registered at Police Station, Mailsi in Multan District, at the instance of her father Ahmad Yar respondent No. 2, under section 366 of the Pakistan Penal Code, against Haji Muhammad, Muhammad Nawaz and Tai Muhammad, brothers of her husband Ghazi Muhammad. 2. The facts of the case, according to the petitioner, are that her father respondent No. 2 agreed to marry her to Ghazi Muhammad for a consideration of Rs. 1,100 for which, a deed, a photostat copy of which is Annexure B , was executed by her husband in favour of her father on 14th May 1969. The marriage took place on 20th January 1970, and was duly registered in the Register of Marriages in Union Council No. 160, village…