Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3) -Leave to appeal-Granted by Supreme Court to consider whether High Court was right in holding under Criminal Procedure Code (V of 1898), S. 561-A that abuse of process of Court had taken place, and whether police were not competent to file challans in respect of offences not alleged in First Information Report - Criminal Procedure Code (V of 1898), S. 254. (b) Constitution of Pakistan (1962), Art. 61-Criminal appeal before Supreme Court - Interlocutory orders made by Court directing that a certain sum paid by accused to complainant by way of compromise and withdrawal, of the appeal, involving a non-compoundable offence, be refunded to accused, and that appeal should proceed, appellant being allowed to withdraw his application for withdrawal of appeal-Criminal Procedure Code (V of 1898), S.345(7). (c) Criminal Procedure Code (V of 1898), S. 561-A, read with Ss. 435, 438 & 439-(Inherent power of High Court)-Not normally to be invoked where another remedy is available-Not intended to vest power to make any order-High Court may "consider to be in interests of justice'-Lapse of long period since initiation of case-No ground for quashing proceedings-Inherent jurisdiction under S. 561-A not an "alternative" or an "additional" jurisdiction-Power preserved "in interest of justice" to redress grievances for which no other procedure is available or is provided by Code-Not to be used to divert ordinary course of criminal procedure-High Court should be extremely reluctant to interfere where change of a prima facie case has been framed on evidence or accused summoned-Conception, that police may not investigate into offence not disclosed by First Information Report, "erroneous "­Criminal Procedure Code (V of 1898), S. 190(1)(b) gives power to Magistrates mentioned therein to take cognizance on police report of offences "whether cognizable or non- cognizable"-High Court's order quashing proceedings under 5.561-A set aside-Criminal Procedure Code (V of 1898), Ss. 155, 127, 196, 197, 198 & 199. It is generally accepted that the inherent jurisdiction should not normally be invoked where another remedy is available. Inherent…

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