Law:

Section:

Criminal Procedure Code (V of 1898)---S. 561-A -Quashment of criminal proceedings-Authority of Court to proceed with case challenged-Application for quashment of proceedings not proper remedy-Applicant, held, to raise such objection before trial Court-Trial Court, in circumstances, held further, to take up such objection as to jurisdiction in first instance, dispose it of by a speaking order and to proceed with case only after coming to conclusion of having jurisdiction to proceed with matter on merits­ Application for quashment of proceedings rejected as premature. ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 4-10-1980 passed by a learned Single Judge of the Lahore High Court whereby the application under section 561-A, Cr. P. C. for quashment of criminal proceedings pending before Mr. Muhammad Yaqub, Magistrate First Class with section 30 Powers, Lahore was rejected as premature. 2. The learned counsel for the petitioner in support of this petition has contended that the learned Magistrate did not have the jurisdiction to summon the petitioner and that the view of the learned Single Judge that the petition for…

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