Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Emigration Ordinance, 1979

Section: 17/22

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Emigration Ordinance (XVIII of 1979), Ss.17/22---Quashing of proceedings---Scope- -Applicants had directly approached High Court without first approaching the Trial Court---Counsel for applicants had failed to demonstrate any extraordinary circumstances for directly approaching the High Court---Quashing of a criminal case was an extraordinary remedy which could be invoked only in exceptional circumstances where trial of accused would tantamount to abuse of process of court---Provisions of S.561-A, Cr.P.C. could never be exploited as a substitute for the prescribed trial---When law provided a detailed inquiry into offence, then ordinarily and normally the procedure prescribed by law for deciding the fate of the case should be followed, unless some extraordinary circumstances were shown to exist to abandon the regular course and follow the exceptional course---Test for interference in the pending criminal proceedings was that, if the proceedings were allowed to continue they should result in grave miscarriage of justice and there should exist no other provisions of law by which the aggrieved party could seek relief---Other test laid down was that the allegation in the F.I.R. and the statement of the witnesses recorded by the Police, if taken at their face value and accepted in their entirety, no offence was made out---Inherent power of High Court under S.561-A, Cr.P.C. could not be invoked in the presence of other specific remedy available to the applicants---Power under said S.561-A, Cr.P.C. could only be invoked in the rare case where there appeared to be no probability of conviction of accused---No case for direct approaching High Court having been made out, application quashing of proceedings filed under S.561-A, Cr.P.C. was dismissed, in circumstances. ORDER NADEEM AZHAR SIDDIQI, J.--- By filing this application under section 561-A, Cr.P.C. the applicants have prayed for quashment of the proceedings arising out of F.I.R. No.18 of 2009 of F.I.A., AHT Circle, Karachi. The allegations against the applicants in the F.I.R. are that the applicants attempted to proceed Baku (Azerbaijan) for onward journey to…

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