Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Criminal Procedure Code (V of 1898), S.561-A---Penal Code (XLV of 1860), Ss. 440/506-B/447/427/337-H (ii)/ 148/149---Mischief and trespassing---Quashing of order---Constitutional petition---Petitioner had called in question order passed in revision by Sessions Judge whereby he affirmed the order passed by the Magistrate summoning the petitioner in a complaint filed by the respondent---Two witnesses including the respondent/ complainant, were examined---Statements of the witnesses had indicated that prima facie the respondent/complainant and others were victims of assault in consequence of which the crops of the complainant were plundered---Private complaint by the complainant and the proceedings initiated could not be said to be abuse of the process of the court to warrant interference under S.561-A, Cr.P.C. read with Art.199 of the Constitution---Petitioner and others had not been summoned to face the trial by the Magistrate without applying his mind to the facts of the case---Simply because the Magistrate had not given detailed reasons for summoning accused/petitioners it could not be concluded that the Magistrate did not apply mind to the facts of the case---Counsel for the petitioners had not been able to point out any illegality or material irregularity in the impugned orders passed by the courts below; nor he had established that the orders impugned had been passed without lawful authority---Even otherwise the order of the Magistrate was an interlocutory order which could not be challenged by invoking the constitutional jurisdiction of High Court. Manzoor Hussain and another v. Manzoor Hussain PLD 1974 Lah. 202; Muhammad Siddique and others v. Muhammad Yar and others 1995 PCr.LJ 1639 and Ijaz Javed and 4 others v. The State 2000 PCr.LJ 595 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 439-A---Inherent jurisdiction of High Court---Scope---Provisions of S.561-A, Cr.P.C. could be invoked, if it was shown that the prosecution was motivated by malice and the evidence on record, even if accepted to be true, no offence was made out; and that the continuation of the proceedings before the…