Law:

Section:

(a) Criminal Procedure Code (V of 1898)--Ss. 561-A, 439 & 173---Penal Code (XLV of 1860), Ss.302 & 34---Inherent jurisdiction of High Court---High Court although cannot press into service Ss.435 to 439, Cr.P.C. in a case in which a Magistrate concurs with the report of an Investigating Officer under S. 173, Cr.P.C., but it can invoke aid of S. 561-A, Cr.P.C. against such order. Arif Ali Khan and another v. State and 6 others 1993 SCMR 187 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent jurisdiction of High Court---High Court on reaching the conclusion that an order passed by a subordinate Criminal Court clearly amounts to an abuse of the process of the Court, has the power under S.561-A, Cr.P.C. to rectify the injustice. Muhammad Sharif and 8 others v. State and another 1997 SCMR 304 ref. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), Ss. 173 & 561-A---Constitution of Pakistan (1973). Art. l85(3)---Magistrate had examined four witnesses under S.164, Cr.P.C. after about 16 days of the registration of the F.I.R., in which they were not named and on the basis of their statements he, concurring with the police report, ordered the release of the accused which amounted to pre-empting the trial by a competent Court---Magistrate had no power to hold a trial in a murder case for the purpose of deciding the question of innocence or guilt of the accused which could be determined by a Sessions Court---High Court had rightly quashed the said order of the Magistrate in exercise of its powers under S. 561-A, Cr.P.C.---Leave to appeal was refused accordingly. Bahadur and another v. State and another PLD 1985 SC 62; Arif Ali Khan and another v. State and 6 others 1993 SCMR 18.7 and Muhammad Sharif and 8 others v. State and another 1997 SCMR 304 ref. Zahoorul Haq, Senior Advocate Supreme Court and K.G. Saber, Advocate-on-Record for Petitioner. M. Zahoor Qureshi. Advocate-on-Record for Respondent No. 1 Date of hearing: 20th May, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 23-6-1996 passed by a learned Single Judge of the Peshawar High Court in Criminal…

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