Law: Criminal Procedure Code (V of 1898)

Section: 161,173,561,561A

Law: Pakistan Penal Code, 1860

Section: 34,344,365,504

Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), Ss.365, 344 & 504/34---Setting aside order and quashing of proceedings---Application for---Police Official who inspected the place of incident and also recorded the statements of witnesses under S.161, Cr.P.C., concluded that crime did not take place at all and that the abduction story was made up by alleged abductee in order to avoid payment of the outstanding loan which was being demanded by applicant/accused from the complainant party and recommended disposal of case under "B" class---District Public Prosecutor to whom Police Official's, report was submitted for recommendation, was of the view that a prima facie case had been made out against accused persons/applicants and recommended that Police Official's report be treated as charge-sheet against applicants and they be directed to face trial---Judicial Magistrate had rejected report of Police and Police was directed to submit challan and non-bailable warrants for accused persons, were issued---Said order and proceedings had been sought to be set aside by quashing of proceedings--Evidence on record showed no reason to set aside order passed by Judicial Magistrate---Section 561-A, Cr.P.C. though had vested very considerable powers in the High Court, but said powers must be exercised in order to prevent an abuse of the process of law---Prosecution could not be said to have a prima facie case against applicants/accused---Nothing was available to suggest that one of accused was confined to a hospital for treatment in relevant period---High Court concurred with the findings of the Judicial Magistrate that the prosecution had a prima facie case against accused persons---Sufficient material being available on record for taking cognizance of the offence, application for setting aside the order and quashing of the proceedings was dismissed, in circum?stances.? Sh. Muhammad Shafique v. Abdul Hamid 1992 P.Cr.LJ 229; Asif Ali Zardari v. The State 1992 PCr.LJ 58; Fatuhal Khan Chandio v. The State 2003 MLD 980; Muhammad Ramzan Baloch v. The State 2001 P.Cr.LJ 1538 and Ch. Muhammad Ashraf v. The State 2006 PCr.LJ 518 ref. THIS ORDER PASSED…

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