Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 364,302,342,201,202/34

Criminal Procedure Code (V of 1898)---S. 561-A---Penal Code (XLV of 1860), Ss.364, 302, 342, 201 & 202/34---Constitution of Pakistan (1973), Art.185(3)---Quashing of proceedings---Petition for leave to appeal had arisen out of order of High Court whereby proceedings of Sessions case pending in the Trial Court, were quashed---Issue, which required to be examined in the case, was as to whether the quashing of the proceedings was allowed in accordance with the settled principles of law, which required that if prima facie the offence had been committed, the ordinary course of trial before the court was not to be allowed to be deflected through an approach to inherent jurisdiction of the High Court---Leave to appeal was granted to examine the impugned order on the touchstone of above said rule. Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317 and A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353 ref. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.---The petition for leave to appeal arises out of an order, dated 24-7-2008 passed by learned Single Judge of High Court of Sindh. By the said order the proceedings of Sessions Case No.215 of 2006 pending in the Court of IInd Additional District and Sessions Judge, Nawabshah, under sections 364, 302, 342, 201, 202/34, P.P.C. registered at Police Station Sakrand were quashed. 2. Briefly stated, the facts giving rise to the filing of present petition are that on the complaint of Mst. Lal Bibi F.I.R. No.101 of 2006 under sections 354, 302, 342, 201, 202/34, P.P.C. was registered at Police Station Sakrand, District Nawabshah on 21-7-2006 alleging therein that the respondents/police officials caused murder of her husband Rasool Bux Brohi on 10-7-2006 and claimed the deceased to be a dacoit by name Mashooq Brohi, having been killed within the jurisdiction of Police Station…

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