Law: Criminal Procedure Code (V of 1898)

Section: 561A,249A,439

Law: Explosive Substances Act, 1908

Section: 3,4

Law: Pakistan Penal Code, 1860

Section: 353,427,32,4,109,34

(a) Penal Code (XLV of 1860)--- ----Ss. 353/427/324/109/34---Explosive Substances Act (XI of 1908), Ss.3 & 4---Criminal Procedure Code (V of 1898), Ss.561-A & 439--­Quashing of proceedings ---Revisional jurisdiction of High Court under S.439, Cr.P.C. and its inherent jurisdiction under S.561-A, Cr.P.C.--­Comparison---Order of Trial Court rejecting application of accused moved under S.249-A, Cr.P.C. was not shown to be illegal or incorrect---No legal lacuna having been pointed out in the said order, grounds agitated on behalf of the accused had no legal force ---Revisional jurisdiction of High Court under S.439, Cr.P.C. and its inherent jurisdiction under S.561-A, Cr.P.C. were not synonymous---Burden to prove plea of alibi was on the accused which was to be legally proved---Where the procedure required recording of evidence, escape or deviation from such procedure by invoking inherent jurisdiction of High Court was unwarranted---Accused had been shown involved in the alleged offence in the challan submitted by the police in the Court- -Allegation of false implication of accused in the case could not be entertained in the petition filed under S.561-A, Cr.P.C.---Determination of guilt or innocence of accused depended upon the totality of facts and­ circumstances revealed during trial---Petition was dismissed in limine in circumstances. Sheikh Mahmood Saeed and another v. Amir Nawaz Khan and another 1996 SCMR 839 and Muhammad Ali v. The State 1998 PCr.LJ 1323 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss.439 & 561-A---Revisional jurisdiction of High Court under S.439; Cr.P.C. and inherent jurisdiction under S.561-A, Cr.P.C. vesting in High Court are not synonymous. (c) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent jurisdiction---Scope---Power of High Court to prevent abuse of the process of any Court or to secure the ends of justice is undoubtedly very wide and unlimited, but such power certainly cannot be exercised as to interrupt or divert the ordinary course of criminal procedure---Inherent power of High Court can be invoked where it is established that the proceedings against a person seeking quashment of his case are…

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