[Sections 561-A, 249-A, And 265-K, Cr.P.C.]
Inherent powers of High Court are very wide and undefinable. High Court can make all such orders which may do real and substantial justice. (SC) 1969 P.Cr.LJ Shahkot Bus Service.
Quashment principles. Whether offence is made out by examining a complaint without being influenced by any extraneous material. High Court can quash proceedings if satisfied from cogent material that the prosecution was launched for improper motives merely to harass the accused or its continuance would be an abuse of the process of the Court or for other reasons which impel the Court to conclude that it would not be in the ends of justice to allow the prosecution to continue.1981 SCMR 315. Naseem Beg v. Muhammad Iqbal etc.
Quashment when no other procedure for redress. Power under Section 561-A is neither alternative nor additonal; and is to be invoked only in the interest of justice for redress of grievance having no other procedure. The provision is not to be used to divert the ordinary course of criminal procedure. (SC) PLD 1976 SC 461. Khaja Fazal Karim.
Resort or provisions of Sec. 561-A, Cr.P.C. should not be lightly made. Normally every case should be allowed to proceed according to law, otherwise it would tend to circumvent the process of law. 1996 SCMR 839, Sheikh Masood Saeed v. Amir Nawaz Khan.
Quashment of proceedings u/S. 561-A Cr.P.C. the Application is liable to be rejected when it is made before the facts and circumstances of the case are revealed during the trial. Determination of the guilt or innocence of the accused depends on totality 647, Muhammad Khalid Mukhali.
Quashing of proceeding not maintainable where remedy under Section 435 or 439, Cr.P.C. is available. (SC) 1968 SCMR 62. Sher Khan. (SC) PLD 1967 SC 317, Ghulam Muhammad v. Muzammal.
Quashment of proceedings at investigation stage, held, u/S. 561-A, Cr.P.C. High Court is competent to quash proceedings even at the stage when challan has not yet reached Court and is under scrutiny with the prosecution branch. 1990 P.Cr.LJ 798. Falak Naz.
Investigation cannot be quashed by the High Court under Section 561-A or 491, Cr.P.C. It is the duty of the police to investigate the case and see whether any offence has been committed or not. 1975 P.Cr.LJ 41. Ahmed etc. v. Nasimul Hassan etc. Also see investigation.
Quashment. Mere fact that a person has been formally charged under certain provisions of law does not necessarily mean that he stands convicted or condemned. Accused has nothing to fear if no credible evidence is forthcoming against him. Some evidence produced by prosecution to show complicity of person in crime. Case held not one of total want of evidence. Interference refused by Supreme Court. (SC) 1973 SCMR 622. Sh. Muhammad Yamin.
Without evidence. Proceedings can be quashed at initial stage without recording of evidence when no case is made out. 1976 P.Cr.LJ 1325. Muhammad Anwar etc.
"At any stage" in sec. 265-K Cr.P.C. indicates clearly that the power to acquit the accused can be exercised by the Court even before the charge is framed and also without hearing the complainant. 1995 P.Cr.LJ 1424 Yasin Khan Babar.
Quashment--All evidence recorded and case ripe for consideration whether the accused should be charged. Quashment refused. 1977 P.Cr.LJ 418. S.M. Yaqub.1977 P.Cr.LJ 485. Abdul Saeed.
Successive quashment applications, without any fresh material on record are not maintainable. (SC) 1971 SCMR 367, Allah Banda v. Akhia-ud-Din.
Quashment of commitment proceedings under Section 302, PPC etc. ordered by High Court where no evidence to connect the petitioners with the crime was proposed to be produced before the Magistrate. Tasawar Hussain etc. Crl. Misc. No. 101. Q/72, decided on 24th July, 1972 (unreported). PLD 1972 Lah. 563. Shera etc.
Quashment--Customs Law (Act IV of 1969) Police Officer not empowered to investigate case under Customs Laws. Chllan submitted by police in contravention of the provisions of the Customs Act, not, competent, (Section 192 (2) of the Customs Act). Proceedings quashed, 1972 P.Cr.LJ 585. Allah Warayo.
Quashment: Non-congnizable case investigated by the police without permission of a Magistrate under Section 155 (2), Cr.P.C. Held, subsequent trial was vitiated. Proceedings quashed. PLD 1964 Kar. 392. Muhammad Rashid. PLD 1961 Lah. 882. Irshad Begum etc. PLD 1963 Lah. 46. Hussain Bakhsh etc. Contra; (DB) PLD 1955 Lah. 667. Crown v. Nur Alam. (SC) PLD 1968 SC 265.
Non-cognizable case investigated without prior permission of Magistrate held, illegal and without jurisdiction. Proceedings quashed. 1974 P.Cr.LJ 127. Sharafat Hussain.
Non-cognizable case. (West Pakistan Suppression of Prostitution Ordinance 1959) taken cognizance of by the police and investigated. Proceedings quashed as a Magistrate could not have taken cognizance of a non-cognizable case on a police report. 1976 P.Cr.LJ 1407. Shamim Ara etc. v. Nawab Khan etc.
Quashment: Investigation not authorised, case non-cognizable. Police report under Section 173, Cr.P.C. is not competent. Held, the Magistrate could not take cognizance of the case on the police report as the case was not cognizable and no Magistrate had authorised the sub-inspector police to investigate the case under Section 155 (2), Cr.P.C. Held, also on merits that the facts stated did not constitute any offence under the W.P. Suppression of Prostitution Ordinance, 1961. Proceedings quashed. 1968 P.Cr.LJ 97. Mst. Mumtaz Begum etc. Contra. (DB) PLD 1955 Lah. 667. Crown v. Noor Alam.
Quashment: Section 185 (1)(a), Cr.P.C. not complied with before taking cognizance of the offence under Section 188, PPC. Proceedings quashed PLD 1978 Lah. 147. Sharif etc.
Quashment. Complaint without jurisdiction filed by the resident Magistrate instead of the District Magistrate under Section 195, P.Cr.LJ 922. Dr. Ghulam Qadir.
Complaint u/S. 302 to magistrate. Proceedings quashed as without jurisdiction. Magistrate to send up the complaint to Sessions Judge for inquiry and trial. 1978 P.Cr.LJ 768. Fateh Muhammad etc.
Quashment section 10 of W.P. Foodstuffs (Control) Act, 1958 not complied with, Complainant under Section 10 of Foodstuffs (Control) Act is to be made by a public servant. Proceedings initiated on an FIR made by a private person quashed. PLJ 1976 Lah. 149. Abrar Beg. PLD 1975 Lah. 1440.
Quashment of case under Section 182, PPC. The accused must know that the information is false. The complainant should be according to section 195, Cr.P.C. Both the requirements lacking. Case quashed. PLJ 1974 Cr.C. (Lah.) 548. Zahoor Ahmed.
Complaint u/S. 182 quashed as it was not made by the police officer who recorded the FIR and also it was the magistrate who on cancellation of FIR directed the police officer to submit complaint u/S. 182, PPC. NLR 1989 Cr. 355. Mian Zahid Sarfraz.
Complaint u/S. 182 PPC to be filed by public servant or by public servant by whom he is subordinate. When provisions of Sec. 195, Cr.P.C. are violated the proceedings become coram non judice. Such proceedings quashed u/S. 561-A, Cr.P.C. PLJ 1990 Cr.C. (Lah.) 158. Gulam Qadar.
Quashment Offence under Section 188, PPC,: Police can put up challan for offence under Section 188, PPC as the offence has been made cognizable but the Court cannot take cognizance of the case unless complaint under Section 195 (1) (a) is made. Proceedings quashed. PLD 1975 Lah. 1315. Sharif etc.
Quashment: Complaint incompetent. Under Section 50 of Electricity Act (IX of 1910) only Government or Electricity Inspector competent to make complaint. Complaint made by police officer in contravention of the provisions. Proceedings quashed. 1977 P.Cr.LJ 109. Nasibur Rehman.
" Complaint under the Family Laws Ordinance (VII of 1961) filed by the Chairman instead of by the Union Council. Proceedings quashed. 1977 P.Cr.LJ 107. Muhammad Yousaf v. Chairman 1979 P.Cr.LJ 123 Fateh Muhammad v. Chairman, Law has been amended. Now it is aggrieved party instead of chairman.
" Customs Act IV of 1969 section 1850A (6) read with Customs General Order No. 19 of 1974, and No. 26 of 1975, only Superintendent of Police authorised to lodge complaint before Special Judge (Customs). Cognizance taken by Special Judge on a complaint by a Sub-Inspector of Police, held, not warranted by law. Proceedings quashed 1977 P.Cr.LJ 93. Khan Wazir etc.
Quashment of Customs Case u/S. 156 (1) (89) of Customs Act, 1969 ordered as the value of notified goods did not exceed rupees 1000/- and there being no proof that the goods were not brought in through authorised route. 1979 P.Cr.LJ 535. Zafar Ahmed.
Complainant not be aggrieved person for offence u/S. 500, PPC as required by Sec. 198, Cr.P.C. proceedings quashed PLD 1985 Pesh. 103. M. Afsar Khan etc.
Quashment; complaint by unauthorised person for offence under Section 124-A PPC. Provisions of section 196, Cr.P.C. not complied, with SHO submitting challan with FIR in the Court of District Magistrate. Held, cognizance by D.M. illegal. Proceedings quashed. 1976 P.Cr.LJ 184. Dost Muhammad.
Complaint filed by an unauthorised person and cognizance having been taken on the basis of that complaint by Special Judge: held, proceedings coram non judice and illegal as a police officer is not authorised to make a complaint in a case for smuggling u/S. 156 (1) (89) of Customs Act 1969. PLJ 1985 Cr.C. (Kar.) 202 Peeru.
Complaint filed by chairman, and not by the aggrieved person for the offence of second marriage (Muslims Family Laws Ordinance, 1961). Proceedings quashed. PLJ 1983 Cr.C. (Lah.) 375, Ejaz Mahmood v. Mst. Humera etc.
Quashment: challan submitted by a person not authorised to do so. Magistrate not deprived of his power to try the case if otherwise competent. (DB) PLD 1963 Kar. 606. Abudl Malik. Contra; Cr. Misc. 289 Q. 1976 and Cr. Misc. 48 Q. 1976 Lahore High Court, not reported. Also 1976 P.Cr.LJ 184 supra and others.
Quashment, Section 188, PPC 144, Cr.P.C. Petitioner accused of selling vegetable ghee at a price higher than that fixed by the District Magistrate under Section 144, Cr.P.C. Held, the provisions of section 144, Cr.P.C. could only be resorted to for immediate prevention or speedy remedy in such a situation or emergency as referred to in that section and there being no such circumstance present, the order of D.M. regulating price of vegetable ghee was ultra vires his powers. Proceedings under Section 188, PPC quashed, 1976 P.Cr.LJ 702 Mumtaz Ali Shah.
Quashing of proceedings at complaint stage is undesirable. Every criminal case should be allowed to proceed on merits. Principle laid down in Ghulam Muhammad v. Muzammal Khan. PLD 1967 (SC) 317 distinguished. Each case is to be judged on its own facts and circumstances. High Court has power to quash criminal proceedings if satisfied that a false complaint had been brought and the process of Court was being abused to subject the accused to unnecessary harassment. (SC) 1968 SCMR 1256, Haq Nawaz v. Muhammad Afza. 1971 SCMR 698.
Quashment: Evidence yet to be led in support of complaint. Proceedings not quashed. (SC) 1972 SCMR 229 Mohsin Ali etc.
Quashment-Interference at intermediary stage-Principle: The Court is at liberty to interfere at an interlocutory stage of a criminal proceedings and it has been held that one of the tests to be applied is to see whether in the admitted circumstances it would be a mock trial if the case is allowed to proceed. PLD 1952 Bal. 42 C. Verma v. Crown.
Quashment-Civil Court proper forum. Mere appropriate remedy open in civil Court. Criminal case must be disallowed. Proceedings quashed. AIR 1925 Lah. 289 (2). Ladha Shah v. Zaman Ali.
Quashment enforcing civil liability through criminal courts. Complainant making statement in Court that he was primarily interested in recovery of his dues and that he had resorted to criminal Court for that purpose, held gross abuse of the process of the Court. Proceedings quashed. PLD 1963 Lah. 481. Mahmud-ul-Hassan v. Imtiaz Khan. PLJ 1974 Cr.C. (Lah.) 496 AIR 1925 Ladha Shah v. Zaman Shah. AIR 1928 Oudh 104 Mitra v. Raja Kali. PLD 1963 Kar. 868. R.C.P. Guignard.
Quashment. Proceedings of civil nature. Accused refusing to pay the amount received on promissory note. Proceedings under Section 406, PPC quashed. 1976 P.Cr.LJ 195. Haider Ali v. Khuda Dino etc.
Quashment. Only civil liability made out. The price of buffaloes not paid as agreed, after the sale. Proceedings quashed. 1977 P.Cr.LJ 135. Abdul Ghani v. Kandero. 1978 P.Cr.LJ 143. Akbar Ali v. Gul Muhammad Shah.
Quashment. No criminal offence made out, on the face of the complaint; facts stated unusual and possibility of the complaint being false not excluded. Proceedings quashed. 1977 P.Cr.LJ 130. Muhammad Ashraf v. Jamal-ud-Din etc.
Quashment-Civil dispute. Parties engaged in civil litigation and respondent obtaining interim order from High Court in second appeal. Complaint of misappropriation filed by petitioner against respondent thereafter for an offence alleged to have been committed 6 years ago. High Court rightly quashed the proceedings. (SC) 1973 SCMR 373. Abdul Majid v. Nawab Din.
Quashment-section 420/34, PPC. Cheating-break of promise to marry. Exchange of gift between engaged couples is not new to the society. Non-return of gift by either party does not attract provision of criminal law. Complainant entitled to return of articles through civil Court. Criminal proceedings quashed. 1973 P.Cr.LJ 745. Faiz Gul Agha v. A.R. Sadaq.
Refusal to pay back amount. Complaint under Section 420,ÿPPC. Mere refusal to pay back the amount does not constitute offence of cheating. Possibility of mala fide not ruled out. Proceedings quashed. 1976 P.Cr.LJ 153 Muhammad Usman.
Quashment. Cheque dishonoured. The fact that the transaction also made out a civil liability is not sufficient for quashing the proceedings. It could only be found out after recording evidence whether the accused had no intention to make the payment when issued the cheques. 1976 P. Cr.LJ 673. Rashid Hussain v. Muhammad Ismail. (Also see cheating and fraud). Proceedings quashed post-dated cheque dishonoured. PLD 1978 Lah. 521 Muhammad Saleem Rana v. Saleem Hassan.
Quashment--Section 420, PPC. Goods purchased and cheque issued by vendee, but he instructed his bank not to make payment. Proceedings not to be quashed just because they involve civil dispute as well. 1973 P.Cr.LJ 548. Ghulam Muhammad Shah v. Chashlum Contractors.
Quashment--Civil dispute. Civil and criminal litigation arising out of business. Petitioner seeking quashment simply on the ground that civil litigation also pending between the parties. Held, no case of quashment made out. However, criminal proceedings stayed till the decision of civil cases. 1971. P.Cr.LJ 331. Sh. Ahmed v. Sh. Muhammad Yunas.
Quashment: Civil and criminal proceedings pending in respect of same land. Evidence in criminal case not recorded as yet. Dispute in civil suit likely to be irrelevant to criminal case. Proceedings not quashed. 1975 P.Cr.LJ 28. Abdul Waheed.
Mere filing of civil suit is no bar to continuation of criminal proceedings.ÿNLR 1989 Cr. 552. Mrs. Shamsunnisa Bakhtawar and another.
Pending criminal case complainant also filing civil suit. Complaint showing prima facie case. Held, mere filing of civil suit is no bar to criminal proceedings. PLD 1973 Kar. 564. Dodo Khan v. Jallal-ud-Din etc. 1974 P.Cr.LJ 541 Rehmat Ullah v.Abdul Aziz.
Quashment of proceedings in complaint under Section 406/420, PPC on the ground that the transaction basically of civil nature and a civil suit pending on the same ground. Held, that continuation of civil suit is no bar to criminal proceedings even though both cases relate to the same subject-matter. PLJ 1974 Cr.C. (Lah.) 331. Rehmatullah v. Abdul Aziz 1974 P.Cr.LJ 541.
Quashment of proceedings u/Ss. 494, 495 & 420 PPC. When no property is delivered as a result of fraud offence u/S. 420 is not committed. As a Muslim is entitled to have 4 wives his second marriage does not become void because of the subsistence of his first marriage and as such provisions of sections 494 and 495 PPC are not attracted because of second marriage. Proceedings quashed. PLJ 1995 Cr.C. (Lah.) 349, Mst. Naseem Akhtar v. Shaheen Kausar.
Quashment: Contract not fulfilled. Complainant pledged some jewellery with the accused by a written agreement, he complained that in spite of the return of the money with interest the accused refused to return the jewellery. Held, no offence under section 420/406, PPC made out. Proceedings quashed. 1977 P.Cr.LJ 52. Abdul Razzaq.
Quashment: Offence not made out. When according to the facts as alleged by the prosecution no offence is made out the prosecution amounts to an abuse of the process of the Court; the proceedings may be quashed. 1977 P.Cr.LJ 54. Yasmin etc. Muhammad Khalid.
Quashment: Complaint made on mere suspicion and not on solid ground. Proceedings quashed. 1976 P.Cr.LJ 800. S.M. Hassan. 1978 P.Cr.LJ 125. Mir Ghulam Abbas Khan Talpur.
Quashment: Previous litigation mala fide between parties. Present complaint under Sections 323, 420, 500, 506, PPC considered an abuse of the process of Court. Proceedings quashed. PLJ 1975 Cr.C. (Lah.) 415. Murida v. Abdul Karim.
Criminal case wanting in bona fide and brought for the purpose of harassment and not for advancing the interest of justice. Held, the Court must come to the aid of the accused and stop proceedings amounting to the abuse of the process of Court. PLD 1976 Kar. Aun Saeed.
Quashment-complaint, based on malice and proceedings hanging on for 3 and a half years. Proceedings quashed. 1977 P.Cr.LJ 447. Muhammad Aslam v.ÿMuhammad Ali.
Complaint delayed and apparent mala fide filed to put pressure on it-laws to allow husband to take the wife. Proceedings quashed 1980 P.Crl LJ 1189. Mst. Naseem Bano etc. v. Muhammad Ismail etc.
Quashment. Complaint filed with interior motive, relations between the parties strained due to pending litigation. Proceedings quashed. PLD 1977 Lah. 375. Abdul Ghani etc. v. Ali Hassan etc.
Quashment. Proceedings initiated to harass and humiliate the petitioners to settle a money disputes. Proceedings quashed; 1976 P.Cr.LJ 894 A.J. Thukar Das etc. 1978 P.Cr.LJ 123. Mst. Zubeda etc. v. Ghulam Ahmad.
Quashment; petitioner being harassed: Three complaints filed against accused at three different stations. Complaints under consideration bristling with improbabilities. Accused to be summoned from a station 400 miles away. Complaint not citing any witness nor producing any to support complaint. Held, proceedings just to harass the accused. Proceedings quashed. PLD 1974 Pesh. 49. Muhammad Sadiq v. Muhammad Zarin Khan.
Petrol samples taken by unathorised person. No chance of conviction of the petitioner. Proceedings quashed. PLJ 1995 Cr.C. (Lah.) 62, Ghulam Hussain.
Quashment. No chance of success to hold the accused guilty; statement of the P.Ws. and the circumstances of the case not inspiring truth. Proceedings under Section 363 and 380, PPC quashed. 1976 P.Cr.LJ 396. Naeem Sabir Moghal etc.
Fact so grossly absurd and fantastic that conviction not possible on such evidence. Proceedings quashed. PLD 1978 Kar. 384. Khatija.
Proceedings bound to end in acquittal. No justification to continue the proceedings. Proceedings quashed. PLD 1979 Kar. 186. Zaheer Ahmed etc.
Where P.Ws. do not support the prosecution case, to continue the trial is an abuse of the process of court. Proceedings quashed. NLR 1991 Cr. 399. Imtiaz Hussain etc.
Further trial proceedings quashed in case u/S. 302/34, PPC against one accused only as none of the material witnesses had deposed against the petitioner and conviction was not possible. NLR 1983 Cr. 212 (2). Mst. Naila.
Charge groundless prima facie. High Court can interfere to prevent harassment of a person at an interlocutory stage of criminal proceedings pending in subordinate court. PLD 1965 SC 287; 1990 P.Cr.LJ 347 ref. PLJ 1990 Cr.C. (Kar.) 329. Muhammad Uris.
No possibility of conviction as the only evidence available against the appellants being the disclosure of their names by two co-accused. Proceeding against such accused quashed. 1977. SCMR 292. Maula Bakhsh etc.
Case not likely to succeed and complaint made to humiliate the petitioners. Married, grown up woman could not be induced to accompany the accused in the manner stated in the complaint. Proceedings quashed under Zina Hudood Ordinance in complaint. PLJ 1984 SC 437. Muhammad Saeed etc.
When a case cannot result in conviction if allowed to be tried by Court, the ends of justice in such cases demand that the proceedings be quashed u/S. 561-A Cr.P.C. PLJ 1997 (Kar.) 1461, Ghulam Hussain.
No chance of prosecution being able to bring any evidence worth consideration. Supreme Court quashing proceedings on such account. Prosecution having no chance of success. Proceedings quashed. 1974 P. Cr.LJ 59 Muhammad Mansoor etc.
Whole story incredible and unbelievable and complaint appearing false and bound to end in acquittal. Impugned complaint and proceedings quashed. 1980 P.Cr.LJ 243. Jairam etc. v. Jagdish etc.
Complaint false and frivolous on face of it. Proceedings quashed. 1978 P.Cr.LJ 168. Ghulam Ali.
Patently inadequate and unbelievable allegations of theft and house breaking etc. High Court competent to quash criminal proceedings in case of false complaint, and process of Court being abused. PLJ 1978 Cr.C. (Kar.) 595. Mehmood Shah etc. v. Usman Shah.
Quashment. False complaint filed, and process issued on that basis. Held, abuse of process of Court. Proceedings quashed. PLJ 1976 Kar. 83. Muhammad Musa v. Muhammad Abbas.
Quashment, false allegations. Complainant allegedly attacked by nine applicants with knives and lathis on two occasions but unbelievably receiving no injuries. Circumstance proving falsehood of allegations. Proceedings quashed. 1976 P.Cr.LJ 114. Shahzad etc.
Quashment. When High Court is satisfied that the prosecution case is entirely untrue and conviction cannot possibly result from the evidence it may interfere in pending cases and quash the proceedings. Proceedings quashed because the F.I.R. registered after the recovery of allegedly stolen cattle from the accused stated to be in his possession for more than 7 years. 1975 P.Cr.LJ 222. Sabir.
Quashment. Facts stated so grossly absurd and fantastic that it would be impossible to hold that such evidence could possibly result in conviction. Proceedings quashed--Quashment when made in respect of one accused, the case should be quashed for the co-accused as well. PLJ 1973 Kar. 279. Khatija.
Quashment-Complaint filed as a counterblast to the criminal prosecution at the instance of the petitioner. P.Ws. cited in the complaint co-accused in the earlier criminal case, proceedings quashed. 1977 P.Cr.LJ 438. Muhammad Akhtar etc.
Criminal case filed as a counter-blast to civil suit, Supreme Court holding criminal case as an exercise in futility quashed criminal proceedings. 1985 SCMR 684. Bashir Ahmed Malik.
Quashment-Prosecution story incredible. Charge not likely to succeed and the case certain to end in acquittal. Prosecution in circumstances cannot be allowed to continue to the harassment of the accused. Ends of justice do not contemplate forcing of trial likely to result only in acquittal. PLD 1973 Kar. 478. Mst. Hamida. PLD 1974 Cr.C. (Kar.) 498.
Not genuine grievance but complaint made u/S. 420, PPC to harass the petitioner and drag him to Jacobabad. Proceedings quashed. NLR 1985 Cr. 309. Ghulam Rasul.
Quashment-Prosecution story highly improbable, proceedings in cases under 406, 420, P.P.C. quashed, PLJ 1974 Cr. C. (Pesh.) 589. Sh. Muhammad Sadiq v. Muhammad Zarin Khan.
Complaint against wife and several relatives for removal of cash, ornaments and wife from Jacobabad and taken to Gujrat. Wife had filed a suit for dissolution of marriage. Held, false case filed to harass accused. Proceedings quashed. 1973 P.Cr.PLJ 122. Mst. Irshad Begum v. Nazir Ahmed.
Proceedings u/S. 188 PPC quashed u/S. 561-A Cr.P.C. when complaint had not been made by a public servant concerned as required u/S. 195(1)(a) Cr.P.C. as no court can take cognizance of any offence punishable u/Ss. 172 to 180 PPC except on complaint in writing of a public servant concerned or of some other public servant to whom he is subordinate. PLJ 1997 Cr.C. (Kar) 1512 Riaz-ud-Din
Quashment of case under Section 448, P.P.C. (i) False implication. (ii) Inordinate delay in lodging F.I.R., (iii) Negation of complainant party's claim by revenue record and decision of civil Court. Prosecution most likely to end in smoke. Case quashed. PLJ 1974 Cr. C. (Lah.) 516. Rehmat Ali etc.
Labour Court as magistrate is not subordinate to High Court as envisaged by Sec. 6 of Cr.P.C. yet provision of Sec. 561-A, Cr.P.C. applicable. 1985 SCMR 257. Mian Munir Ahmed.
Quashment of proceedings for offence under Section 182, P.P.C. To constitute offence under Section 182, P.P.C., positive knowledge or belief of accused about falsity of information necessary. Proceedings quashed as the knowledge or belief was lacking. PLD 1975 Lah. 264 Zahoor Ahmed.
Quashment of proceedings under Sindh Crime Control Act, 1975. Essential requirement for taking cognizance on police report are:
(1) The acts with which the person complained against is charged.
(2) Details of time and place of said acts.
(3) General reputation of person complained against, or other allegations against him.
Held, mere mention that applicant had a bad reputation of being notorious and hazardous criminal without giving any instances and mere citation in report of some cases without indicating result was not sufficient to bring the case against the petitioner within the purview of Sec. 14 of the Act. Proceedings quashed u/S. 561-A Cr.P.C. PLJ 1995 Cr.C (Kar.) 300, Nazir.
Proceeding (Prosecution case) likely to be false is no ground for quashment. PLJ 1974 Cr. C. (Lah.) 54. Abdul Latif v. Muhammad Arshad Qureshi.
No case made out against the accused in FIR or in challan or by evidence recorded by the magistrate. Proceedings quashed. PLD 1964 Kar. 600. Fazal-ur-Rehman v. Yamin.
Quashment. No evidence to connect the accused with the crime. Proceedings quashed. 1976 P.Cr.LJ 988, Ch. Zahoor Elahi.
Quashment. Complaint and statement under Section 202, Cr.P.C. not making out any case. Proceedings quashed after the issue of process only. 1975 P.Cr.LJ 647. Mst. Naseem Begum etc. v. Muhammad Younis.
Quashment; no evidence. Prosecution eye-witness not supporting prosecution case but completely exonerating the accused petitioner. Commitment quashed. 1973 P.Cr.LJ 609. Khushi Muhammad.
Quashment of proceedings to be done when High Court clearly concludes that the accused is innocent or the conviction is quite impossible. PLD 1975 Kar. 231. Ghulam Akbar v. Muhammad Ilyas etc.
Criminal case cannot be quashed but proceedings can be stayed if civil suit is pending between the same parties about the same subject-matter. 1995 SCMR 1016. Sufi Muhammad Anwar v. Mst. Badshah Begum.
Neither insufficiency nor non-credibility of prosecution evidence is a valid ground for quashment of proceedings. (D.B) PLJ 1996 Cr.C. (Kar.) 1063, Ghulam Nabi etc.
Delay in disposal of criminal case is an abuse of the process of the Court. Delay in investigation stage and delay during trial is not distinguishable if delay is unjustified and constituted unnecessary harassment of subject. Institution of proceedings of the Court. Proceedings quashed. (DB) PLD 1963 Lah. 32 Ghulam Qadir Khan.
17 years old case but trial not concluded. One member of raiding party dead. Complainant does not want to pursue the case any further. Held, proceedings against accused abuse of process of Court. Proceedings quashed. PLJ 1991 Cr.C. (Lah.) 443. Sharafat Hussain.
Prolonged trial. Innumerable adjournments granted to prosecution for production of evidence but during period of 5 years only three witnesses examined. Delay in effecting service not attributable to negligence or default of prosecution. Reasonable latitude in production of prosecution witnesses should be given but such latitude cannot go on indefinitely. Indefinite time cannot be allowed to prosecution for evidence. Held, such delay is abuse of process of Court. Proceedings quashed. 1980 P.Cr.LJ 1018. Atlas Khan v. Azam Khan etc.
Long delay since institution of case is no ground for quashment of proceedings when bulk of evidence has already been recorded. Petitioners if not guilty have a right to be declared as honourably acquitted. (SC) PLD 1977 SC 49. Naseem Haider Jaffery etc. PLJ 1977 SC 97.
Delay in trial. Trial lingering on for 6 years, without any progress and not likely to be completed in near future. Whereabouts of the prosecutress, the main witness not known. Proceedings quashed. 1976 P.Cr.LJ 1408. Sheroo.
Delay quashment. Inordinate delay in investigation and prosecution of criminal case (1959 to 1964). Proceedings quashed. PLD 1965 Kar. 310. Amanullah Khan.
Non-production of evidence and delay. Prosecution is to be given reasonable latitude in the matter of production of witnesses. Prosecution however failing to produce witnesses in spite of repeated adjournment. Proceedings quashed. PLD 1963 Quetta 13. Mushtaq Ahmed.
Inordinate delay in disposal of a criminal case (11 years). Proceedings quashed PLD 1964 Lah. 246. Abdul Haq. PLD 1963 Kar. 110. State v. Amanat Ali.
Quashment. Failure to produce any evidence on 16 hearings, amounts to abuse of the process of Court. Proceedings under Sections 363, 452/34, P.P.C. quashed. PLJ 1975 Cr.C. (Lah.) 375 Mansab Ali etc. 1977 P.Cr.LJ 461.
Delay not a ground for quashment of proceedings except when continuance of proceedings would not secure ends of justice but would perpetuate injustice, or because of other factors proceedings may not come to logical end, or are likely to end in acquittal. PLJ 1978 Cr.C. (Kar.) 597. Khuda Bux. PLJ 1978 Cr. C. (Kar.) 614. Zaheer Ahmed etc.
Quashment. Delay of 3 years, with no progress in the case amounts to the abuse of the process of the Court. Proceedings quashed. PLJ 1975 Cr.C. (Lah.) 393. Abdul Hafiz.
Repeated adjournments extending over a period of 5 years for production of evidence. Proceedings quashed. PLJ 1980 Cr.C. (Pesh.) 338. Atlas Khan etc. v. Azam Khan etc.
Delay in criminal trial for 5 years. Proceedings not quashed because delay not attributable to either the complainant or the prosecution. Petition rejected. 1973 P.Cr.LJ 878. Jamil Zahid.
Complaint filed after 2 years of the publication of the news for offence u/Ss. 500, 501 and 502 PPC. Held, complaint an abuse of process of Court. Proceedings quashed. NLR 1982 Cr. 43. Aitbar Ali.
Quashment-Delay of 5 years in trial for embezzlement and misappropriation. Proceedings quashed for delay. PLJ 1975 Cr.C. (Lah.) 88. S.M. Siddiq.
Delay in trial 4/5 years after the submission of challan amounts to abuse of the process of Court. Proceedings quashed. NLR 1983 Cr. 154. Muhammad Anwar.
Quashment. Delay of 5 years in the investigation and prosecution of the case. Proceedings quashed. (DB) PLD 1963 Lah. 32. Ghulam Qadir Khan. PLD 1960 Lah. 1199 State v. Qamar-uz-Zaman. PLD 1965 Kar. 310. Aman Ullah. When High Court directions to conclude case within prescribed time not complied, proceedings quashed. 1977 P.Cr.LJ 710 Zaliadar.
Quashment 5 years delay in prosecution. No PW examined. No chance of recovery of the embezzled amount. Delay in trial whether deliberate or accidental causes great mental agony and is sort of punishment without trial and conviction. Proceedings quashed. 1975 P.Cr.LJ 1057. S.M. Siddiq.
Quashment delay. Case pending trial for 6 years without a single prosecution witness being examined. Proceedings in case under Sections 307/366, 436/149, P.P.C. quashed. 1975 P.Cr.LJ 131. Mst. Ismat Nisar etc. PLJ 1973 Lah. 407.
Quashment. Long delay (9 years) caused in trial due to non-availability of record. Proceedings quashed. (SC) 1971 SCMR 781. Abdul Hamidy.
Trial pending for nine years: and no chance of accused being convicted. Proceedings quashed NLR 1985 Cr. 216. Aziz-ul-Aleem.
Quashment. Delay of 12 years: Case under Martial Law Regulation registered against the petitioner 12 years ago. Revision petition pending for 7 years. Proceedings quashed. PLJ 1975 Cr. C. (Lah.) 428. Muhammad Anwar Khan.
Quashment and delay. Delay however long and languishing caused by manoeuvres of the petitioner cannot be a ground for quashing proceedings in a case involving moral turpitude like acceptance of bribe. PLD 1974 Lah. 651. Muhammad Naseem.
Not a single witness examined for more than 3« years, in proceedings u/S. 14 of Sindh Crimes Control Act, 1975 and compliance with sections 5 and 8 of the Act not done. Proceedings quashed u/S. 561-A Cr.P.C. PLD 1994 Kar. 118, Nadeem Ahmed.
Delay in trial. "Time being of the essence" in criminal prosecutions not a principle of universal application. Limitation does not apply. Each case to be considered on its own facts. "Abuse" must be of the process of "Court". Test "Perversion of purpose of law" resulting in "harassment" of accused, Delay may raise equities inter parties in civil, but not in criminal matters. Government being the other party. Proceedings not quashed. (SC) PLD 1965 SC 287. M.S. Khawaja.
Delay in trial. No rule of limitation is applicable to criminal cases. Delay of itself is no ground for discharging the accused. Mere fact that the offence was committed some 17 years ago does not amount to abuse of the process of Court. Proceedings not quashed. (SC) 1976 SCMR 204. Rehmat Ali etc.
Partial quashment not allowed. The alleged adulteress also summoned as an accused in case under Sections 497 and 498, PPC. Wife cannot be convicted of offence under Sections 497 and 498. Partial quashment not permissible under the law, quashment qua male accused also ordered. 1976 P.Cr.LJ 555. Mst. Bibi Saleem etc. v. Fazal Hussain. (Note- The authority as reported in the journal is too wide in terms, and unless full facts of the case are known not much reliance can be placed on this authority. Words "alleged adulteress" and "wife" have been substituted by the author for the word "woman").
When no public witnesses are cited, no instances of crime, nor their time and place is cited as required by Sindh Crime Control Act, 1975, proceedings u/S. 14 of the Act quashed as abuse of the process of Court. PLJ 1994 Cr.C. (Kar.) 517, Ghulam Hyder.
Quashment of complaint allowed against some accused only as they were away from the place of occurrence, while the case was allowed to proceed against other accused. 1993 SCMR 223, Muhammad Siddiq etc. v. Mst. Badr Munir.
Quashment, co-accused, not a party. Allegations against co-accused similar in nature as against the petitioner. Case quashed against all accused. PLJ 1988 Cr. C. (Kar.) 524 Syed Muhammad Haseenuddin etc.
Wife cannot be convicted for abetment of adultery. Case under Section 497, PPC quashed. PLD 1974 Lah. 500. Mst. Tahira Masood v. Farid-ud-Din Masood.
Abductee's statement before High Court and Magistrate exonerating him of the offence, proceedings quashed. 1978 P.Cr.LJ 902. Sultan Mumrez etc.
Abduction. Alleged abductee a married woman of age and consenting party. Nothing to show that the accused practised any deception or used force on the abductee. Case pending trial for last four years. Witnesses not attending. Proceedings quashed. 1978 P.Cr.LJ 647, Nazir Ahmad Khan.
Revision under Section 439 and inherent powers. In security proceedings case not inquired into by consent, but heavy security demanded no appeal filed under Section 118, Cr.P.C. Held, revision barred under sub-section (5) of section 439. However, proceedings quashed under Section 561-A, Cr.P.C. 1976 P.Cr.LJ 412. Khuda Bakhsh.
Quashment. co-accused not parties to the petition. The case of the co-accused when inseparable cannot be allowed to proceed when the case against the petitioner is quashed under Section 561-A, Cr.P.C. Case against co-accused who are not petitioners can also be quashed. PLD 1973 Kar. 478 Mst. Hamida.
Quashment. No case made out against other accused except one. High Court refused to quash proceedings pending before a magistrate. Supreme Court quashed proceedings except against one. (SC) 1977 SCMR 4. Muhammad Younas etc. v. S. Baqar Ali etc.
Promise of marriage made and cash and jewellery obtained on that pretext when the girl had already been committed for marriage with another man. Held, dragging parties to criminal Courts for break of marriage negotiation highly undesirable. Proceedings quashed. 1976 P.Cr.LJ 1381. Munshi etc. v. Barkat Ali etc.
Quashment, mind not applied. Magistrate acting unscrupulously by taking action on information laid before him without application of mind, proceedings quashed. PLJ 1977 Kar. 41 Ghulam Ali Shah.
Quashment. Direction by High Court for prosecution under Section 193, P.P.C. quashed as the accused could not be successfully charged for commission of the offence, nor it would be in the interest of justice to do so at that late stage. (SC) 1977 SCMR 55. Dr. Ahmed Ghulam Muhammad etc.
Quashment. F.I.R. found false, and got cancelled by police. Informant feeling aggrieved filing complaint held, prosecution under Section 182, P.P.C. could not succeed unless complaint decided against the petitioner proceedings quashed. 1977 P.Cr.LJ 437. Muhammad Ikram Qureshi v. Mehraj Din etc.
Quashment of complaint u/S. 380, P.P.C. allowed u/S. 561-A, Cr.P.C. in view of the fact that the complaint made after 3-4 months of theft. No report made to police. After enforcement of Hudood Ord. 1979 magistrate was not competent to entertain complaint. Proceedings quashed. NLR 1982 Cr. 156 (2). Khushi Muhammad etc. v. Abdul Hafiz etc.
Quashment. Proceedings under Section 100, Cr.P.C. The alleged detenu stating in Court that she was not married to the respondent, who had failed to produce Nikahnama, search warrant proceedings under Section 100, Cr.P.C. quashed. 1977 P.Cr.LJ 111. Mst. Ghulam Jannat v. Haq Nawaz.
Quashment. Milk sample not of prescribed quantity. Milk sample sent to the analyst half of the prescribed quantity. Held, result of the analyst based on such quantity cannot be relied upon. Proceedings quashed. 1977 P.Cr.LJ 53 Ghulam Muhammad.
Inherent powers and bail. High Court has no inherent powers to grant bail apart from express terms of the Code. (FB) PLD 1949 Lah. 21 Hidayat Ullah Khan v. Crown.
Exemption from appearance in Court can be granted by the High Court under Section 561-A from sections 205 and 540-A, Cr.P.C. 1975 P.Cr.LJ 545. Azhar Latif v. Esoof Hashim.
Exemption from appearance in Court. Complainant may be granted such exemption under Section 561-A for illness. PLD 1963 Lah 430. Muhammad Ismail v. Akbar Hussain.
Exemption from appearance in Court granted to accused for illness. PLD 1962 Kar. 735. State v. Amanat Ali.
Expungement of remarks from the judgment about a person not a party to the proceedings, nor a show-cause notice issued to him. Held, disparaging remakes by the Court against him are improper and uncalled for. Remarks expunged. 1975 P.Cr.LJ 632. Muhammad Ashraf.
Offending remarks by Addl. Sessions Judge expunged in application u/S. 561-A Cr.P.C. when such remarks found to be irrelevant, contrary to law, uncalled for and without justification in 1994 P.Cr.LJ 1171, Muhammad Ghani v. Khalid Mian Addl. Sessions Judge etc.
Expunction of remarks. Remarks in judgment based purely on speculation expunged. (SC) 1960 P.Cr.LJ 942. Abdul Haq Khan.
Remarks against parties or witnesses not borne out by the evidence on the record should not be made. Remarks expunged. ILR 20. Lah. 327. Petition by A.G.
Possession of land given to complainant. Accused however acquitted on division. Possession may be restored to the accused under inherent powers of the High Court. PLD 1954 Pesh. 50 Qarib Ullah v. Muhammad Ismail Khan.
Stay of criminal proceedings till decision of civil suit involving the same matter held, there is no invariable rule to stay proceedings. Matter is one of discretion. Guiding principle being whether accused is likely to be prejudiced if criminal proceedings are not stayed. 1981 SCMR 237 (2). Muhammad Shafi.
Stay of criminal proceedings pending civil suit allowed, Criminal proceedings to commence after the decision of the civil suit. 1987 SCMR 601. Muhammad Musa.
Stay of proceedings. Criminal proceedings shall not be allowed to proceed until the decision of a civil Court, provided it is not a public prosecution and the same subject-matter has been brought before a civil Court earlier than the complaint. PLD 1950 BJ 76. Mst. Sharifan v. M. Sadiq.
Stay of Criminal proceedings pending civil suit about the same subject is competent by High Court. (SC) 1969 P.Cr.LJ 411. N. Manakji v. Fakhar Iqbal.
Criminal proceedings stayed till the decision of the Civil Court about the interpretation of a document and its enforcement. 1976 P.Cr.LJ 198. Gulzar Ahmed etc. v. Muhammad Ismail etc.
Stay of Criminal proceedings pending civil suit, about the genuineness, of a sale-deed about which a criminal case under Sections 420, 465, 468, 471, PPC also instituted, allowed till the decision of the civil suit. PLJ 1976 Lah. 148. Muhammad Ikram Khan.
Criminal proceedings not stayed. Subject-matter of proceedings same in both criminal case and civil suit. No invariable rule that criminal proceedings be postponed pending disposal of civil litigation. Suit filed long after criminal prosecution started. Criminal proceedings not stayed. (SC) 1972 SCMR 85. Muhammad Ahmed 1974 P.Cr.LJ 541 = PLJ 1974 Cr.C. (Lah.) 331. Rehmat Ullah v. Abdul Aziz.
Civil and criminal cases independent. Civil suit not fide for determination of title of property, held, complainant to be allowed to proceed. PLD 1985 Cr.C. (Kar.) 308. Abdus Sattar.
Stay of proceedings pending civil suit. Held, not desirable to postpone recording of evidence in criminal proceedings. Ordered that evidence be recorded but final order be not pronounced till the civil suit is decided. PLJ 1981 SC 358. Muhammad Shafi.
Stay of criminal proceedings pending decision of a civil suit involving the same subject-matter approved. (SC) PLD 1968 SC 281 Muhammad Akhtar.
Stay of proceedings, pending decision of complaint. Police finding complaint false instituted proceedings under Section 182, against the petitioner. The petitioner feeling aggrieved filed a direct complaint before a magistrate who issued process against the respondent. High Court stayed the proceedings under Section 182, PPC till the decision of the complaint. 1977 P.Cr.LJ 289. Haji Muhammad Ali.
Judicial review. High Court in exercise of its powers of judicial review is competent to quash any decision taken by a competent authority by ignoring misreading evidence. 1981 SCMR 318. Sawati Quam v. Paina Khel Quam.
Quashment of investigation. If an investigation is launched mala fide or is clearly beyond the jurisdiction of investigating agencies concerned then it may be possible for the action of the investigating agencies to be corrected by a proper proceeding either under Article 98 of the Constitution of 1962 or u/S. 491, Cr.P.C. if the applicant is in custody. PLD 1971 SC 677. Shahnaz Begum v. Judges of the High Court. PLD 1978 Lah. 1410. Sufi Muhammad Din v. Mst. Tahira Taseen etc.
"Run-away marriage" is not an appreciable act. Jurisdiction of High Court under Article 199 of the Constitution being discretionary in nature, persons involved in run-away marriage are not entitled to relief. PLD 1997 Lah. 186, Lubna and another v. Govt. of Punjab etc.
FIR quashed when registered at police station where occurrence had not taken place. The offence had been committed in the jurisdiction of another police station. PLJ 1998 Lah. 442, Maqsood Ahmed, etc.
Quashment of F.I.R. ordered when there was an unexplained delay of 2« years in making F.I.R., and parties were already litigating on civil side. NLR 1987 Cr. 417. Haji Dalmir Khan etc.
FIR quashed under writ jurisdiction when FIR was registered to cause unnecessary harassment of accused by police. Giving free hand to police would cause administrative choas leading to judicial anarchy. NLR 1999 Cr. 152 Sajjad Hussain v. SHO etc.
FIR quashed when registered after delay of 2 years for offences u/Ss. 457 and 380 PPC, in Writ Jurisdiction. PLJ 1996 Lah. 1520, Khalid Mahmood v. SHO. etc.
"27 O ye who believe:
Enter not house other than your own, until ye have asked permission and saluted those inside them; that is best for you, in order that ye may heed (what is seemly)."
"28 If ye find none in the house, enter not until permission is given to you, if ye are asked to go back, that makes for greater purity. PLJ 1999 Lah. 744 Muhammad Bilal v. S.P. Etc. = PLD 1999 Lah. 297.
FIR proceedings quashed in writ jurisdiction. The proceedings based on F.I.R. quashed as no offence made out on the facts of the case. NLR 1982 Cr. 19. Fayaz Hussain Hamdani.
FIR and investigation is to be quashed under writ jurisdiction when no offence is made out. Every action of even minutest cog in state machinery is to be justified on the basis of law. F.I.R. and investigation quashed. (DB) NLR 1989 Cr. 460. Byram D. Avari etc.
FIR cannot be quashed u/S. 561-A, Cr.P.C. unless challan has been submitted to the Court. PLJ 1991 Cr.C. (Lah..) 141. Mst. Manzooran v. SHO.
FIR cannot be quashed u/S. 561-A Cr.P.C. unless the case has been sent up in the Court. Unless the case has been sent up in the Court the FIR is not an abuse of the process of the Court. PLJ 1996 S.C. 1, Ahmed Saeed etc.
FIR quashed when based on malice for offences u/Ss. 506, 379, 353, PPC. Circumstances showing that there was absolutely no basis for registration of the case. NLR 1989 Cr. 207. Sayed Shabbar Raza Rizvi v. A.C. etc.
FIR Quashed when found mala fide and unwarranted registration of criminal case, in writ jurisdiction. The impugned documents alleged to be forgeries were before a civil Court and no Court could take cognizance u/S. 195 (1) (c), Cr.P.C. unless complaint was made by the Court concerned. NLR 1988 Cr. 468 Ameer etc. v. S.H.O.
FIR u/S. 11 of Zina (Hudood) Ordinance quashed in writ jurisdiction when the accused had solemnised marriage with an adult woman 10 months prior tot he lodging of FIR, PLJ 1997 Cr.C. (Lah.) 863, Muhammad Tariq Mahmood, etc. v. SHO.
FIR quashed when registered at police station when offence had been committed in the jurisdiction of another police station. PLJ 1998 Lah. 42 Maqsood Ahmed, etc.
High Court has no jurisdiction to quash FIR as held by Privy Council in Kawaja Nazir Ahmed's case (AIR 1945 PC 18) and Supreme Court of Pakistan in Shehnaz Begam's case, PLD 1991 SC 677 and Brigadier Imtiaz's case 1994 SCMR 2142. However copy of writ petition was sent to DIG Police, Multan to look into the matter and act in accordance with law. PLJ 1998 Lah. 1634 Dilawar Hussain v. SHO.
Note: High Court cannot interfere in investigation but when FIR is registered mala fide it can be quashed in writ jurisdiction. See (DB) NLR 1989 Cr. 460, Byram D. Avari etc. v. State; NLR 1989 Cr. 207, Syed Shabbar Raza Rizvi; NLR 1988 Cr. 469, Ameer etc. v. SHO; 1994 P.Cr.L.J. 1111, Mst. Naseer Khatoon v. SHO, PLJ 1998 Lah. 31, Mst. Sumera Bibi v. SHO, etc. PLJ 1998 Lah. 1651 Muhammad Hafeez etc.
FIR quashed in writ jurisdiction for offences u/Ss. 10/11 of Ordinance VII of 1979 When girl was found to be major who had married the accused of her own accord. 1994 P.Cr.LJ 1111, Mst. Naseer Khatoon v. SHO.
FIR quashed for offence u/Ss. 11/10(2) of Offence of Zina Ordinance in Writ jurisdiction where being sui juris a girl contracted marriage with the petitioner of her own free will. Held, registration of criminal case against the petitioner was mala fide and baseless. PLJ 1997 Lah. 690, Javed Iqbal etc. PLJ 1998 Lah. 761.
FIR quashed when girl being sui juris had contracted marriage with her own will a and want of consent by her further in this behalf did not invalidate the marriage. No offence having bee committed. PLJ 1997 Lah. 389, Mst. Khrshed Akhtar v. SHO.
Quashment. No case made out in F.I.R. for offences u/Ss. 302, 307, 392, PPC etc. Trial Court directed to examine all witnesses within 3 months. Direction not complied with even after 9 months. Proceedings quashed. PLJ 1982 Cr.C. (Kar.) 283. Agha Ghulam Ali.
FIR Quashed u/S. 561-A Cr.P.C. when no offence was made out even when the allegations are taken at their face value. PLJ 1996 Cr.C. (Lah..) 824, Mst. Kaniz Fatima etc.
Investigation cannot be quashed by a Court in a cognizable offence. Held, Police has a statutory right u/S. 156 Cr.P.C. to investigate a congnizable offence. PLD 1996 Lah.. 598, Jahangir etc. V. SHO P.S. Ghaziabad.
Police investigation quashment. Complaint made mala fide. It is unfair to let petitioner suffer embarrassment over again for a matter which had been concluded by police investigation. Investigation quashed in writ jurisdiction. NLR 1981 Cr. 186 Noor Muhammad v. S.H.O.
FIR quashed even when nikah was not registered as either two witnesses of nikah are to be produced or husband or wife may together certify factum of marriage. No offence of Zina is made out. Under Article 199 of the Constitution the relief cannot be refused merely because the case is under investigation. PLJ 1996 Cr.C. (Lah..) 833, Atiya Nasir and another v. SHO police.
FIR quashed in Writ Petition for offence u/S. 11 of Ord-VII-`79, when wife filed writ petition in the High Court that she had contracted valid marriage with her husband. On the statement of the petitioner and her husband the SHO was ordered to look into the matter. The SHO reported that the petitioner has contracted valid marriage. FIR was quashed. PLJ 1995 Lah.. 99, Mst. Raqayya Bibi v. SHO.
FIR Quashed under Article 199 of the Constitution and Sec. 561-A Cr.P.C. for offences u/Ss. 11 and 16 of Zina Hudood Ordinance as the petitioner Mst. Dilshad Akhtar was sui juris; medical made it clear that she is legally married to petitioner No. 2. Law does not prohibit the petitioners from marrying each other. Held, offence alleged in FIR is not made out. It is the duty of the Court to satisfy itself that fundamental rights granted to people under the constitution are not infringed or violated by the Govt. or State functionaries or agencies. FIR quashed. PLJ 1996 Lah.. 91; Mst. Dilshad Akhtar and another.
Sui juris girl, can get married of her own choice FIR quashed. Medical report disclosing age of the petitioner 17-18 years Petitioner made it clear that she is legally wedded to petitioner No. 2. Law did not prohibit petitioners from marrying each other. It is the duty of the State to protect marriage, family, mother and child. Held offence u/Ss. 11/16 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 alleged in FIR is not made out. It is the duty of the Court to satisfy itself that fundamental rights guaranteed to people under the Constitution are not infringed and violated by any Government or State functionaries/Agencies. FIR quashed. PLJ 1996 Lah.. 91, Mst. Dilshad Akhtar and another.
Consent of wali or guardian is necessary for valid Muslim marriage, if wali or guardian is negligent in performing his duty in time, he should also be called upon to explain as to why he failed to perform his duty qua the marriage of his daughter or ward. In this case FIR was sought to be quashed on the ground that the alleged abductor had got married with her free will with the accused alleged abductor. Writ Petition was dismissed as it was held that for a valid marriage consent of wali is necessary and also the consent of the would-be husband and wife is also necessary. Payment of dower and presence of 2 witnesses was also held to be necessary. PLJ 1996 Lah.. 1522, Ayesha Ijaz v. SHO.
FIR quashed for offence u/Ss. 186, 341, 506, 148/149 PPC read with Sec. 16 of W.P. Maintenance of Public Order Ordinance for taking out procession against faulty investigation by police in murder case. Held, taking out procession in democratic country is democratic right of people tog et recorded their resentment and protest in such like matters. PLJ 1998 Lah. 444, Malik Taj Din v. SHO Phool Nagar.
FIR quashed in writ jurisdiction for offences u/Ss. 409, 467 and 471 PPC for embezzlement of government money, as the offences were Scheduled in Anti-Corruption Ordinance, 1961 which could only be registered with Anti-Corruption Establishment. PLJ 1996 Cr. C. (Lah.) 80, Riaz Ahmed Tahir.
FIR quashed when registered by local police in a corruption case. Held, under rule 3,6 and 8 of Punjab Anti-Corruption Establishment Rules Criminal cases have to be registered by the Anti-Corruption Establishment. Local police has no jurisdiction to register and investigate the case against a public servant for corruption. PLJ 1996 Lah. 739, Mahboob Ali v. State etc.
Quashment of F.I.R. in writ jurisdiction. When the parties had compromised and agreed to quashment. F.I.R. quashed. NLR 1982 Cr. 156 (1) Sh. Zulfiqar Ali v. S.H.O.
Quashment u/S. 561-A Cr.P.C. when false complaint is brought and there is abuse of the process of Court not to advance the cause of justice but to subject the accused to unnecessary harassment, held, the High Court has powers to quash the criminal proceedings. PLJ 1996 S.C. 1836, Sheikh Muhammad Saeed etc v. Amir Nawaz Khan etc.
Complaint lodged after 3 months as counter blast to a murder case by the applicants against respondents. The complaint case of respondents u/S. 337-A(I)(II) PPC quashed in petition u/S. 561-A Cr.P.C. PLJ 1996 Cr.C. (Lah.) 326, Sher Muhammad etc v. Mst. Taj Bibi (Complainant).
FIR quashed as mala fide in petition u/S. 561-A Cr.P.C. for offence u/S. 11/16 of offence of Zina Ordinance, as the accused had entered into valid marriage and the Family Court had decreed the suit for dissolution of marriage with the complainant in favour of the petitioner. PLJ 1996 Lah. 170, Gulnaz etc.
FIR cannot be quashed by the High Court u/S. 561-A Cr.P.C. when the investigation is incomplete and challan had not been submitted to the Court, as such there is no abuse of the process of the Court. 1996 SCMR 186, Ahmed Saeed.
Quashment of FIR under Article 199 of the Constitution can be filed at any stage of investigation on grounds of mala fide or lack of jurisdiction in investigation agency but such relief cannot be given u/S. 561-A Cr.P.C. PLJ 1996 Cr.C. (Lah.) 1309, Bostan.
FIR and proceedings quashed in Writ Jurisdiction when registration of FIR was abuse of process of law and was result of mala fide and leverage to be used by rivals of the accused mentioned in FIR, in a Lamberdari case. PLJ 1997 Lah. 174, Mst. Faizan Bibi.
Registration of F.I.R. after cognizance by magistrate u/S. 202, Cr.P.C. F.I.R. quashed in writ jurisdiction. NLR 1990 Cr. 273 Muhammad Iqbal v. R.M. etc.
Second F.I.R. for cross-case. Held, police should register F.I.R. in the cross-case as complaint is not as effective. PLJ 1979 Cr.C. (Lah.) 53 Akram Ali Shah v. S.H.O. PLD 1979 Lah. 320 = NLR 1982 Cr. 22 Mirza v. S.H.O.
Secs. 561-A and 249-A, Cr.P.C. Contention that before moving u/S. 561-A the petitioner should have moved trial Court u/S. 249-A, Cr.P.C. is not without force. However, application u/S. 561-A Justified in view of pending civil proceedings between parties. 1980 P.Cr.LJ 818 Kazam Ali Dossa.
Section 249-A, Cr.P.C. is not for quashment of proceedings but is for acquittal from charge which is groundless. If it is found that the proceedings are mala fide and an abuse of process of Court the remedy is u/S. 561-A, Cr.P.C. 1980 P.Cr.LJ 823 Muhammad Anwar.
When allegations appear to be false on the face of record, which are made to harass the accused. High Court would quash the proceedings to prevent abuse of the process of Court. Contention that no person in his senses would commit theft of moth eaten doors valued at Rs. 50 only, held Sec. 95 PPC provided that even intentional causing of harm specified in that section is excluded because of its triviality. Proceedings quashed. PLJ 1992 Cr. C. (Kar.) 264, Muhammad Anwar.
As powers under both the sections are concurrent with the High Court and the trial Court, the trial Court must be moved first, unless there are special circumstances. 1979 P.Cr.LJ 59 Din Muhammad v. Muhammad Sharif.
Section 561-A, is much wider in scope than section 249-A. When the charge is groundless trial Court should be moved first u/S. 249-A. PLJ 1978 Cr. C. (Lah.) 608 Din Muhammad v. Muhammad Sharif.
Section 561-A, Cr.P.C, impliedly repealed by section 249-A, Cr.P.C. is not correct. Complaint filed 4 years ago. No progress made, proceedings correctly quashed by High Court 1980 SCMR 985 Bashir Ahmed Sajjid v. Zahir Ahmed etc.
Sections 439-A, 439 and 561-A, Cr.P.C. Sessions Judge failing to exercise jurisdiction vested in him u/S. 439-A, Cr.P.C. Held, High Court is competent to interfere with the order of the Sessions Judge u/S. 439-A, Cr.P.C. PLJ 1984 Cr.C. (Pesh.) 135 Shams-ul-Qamar NLR 1984 Cr. 141.
Sections 249-A, 265-K and 561-A, Cr.P.C. Application u/S. 561-A, Cr.P.C. to the High Court during pendency of application u/S. 249-A, Cr.P.C. before trial Court is competent as powers u/Ss. 249-A, 265-K and 561-A, Cr.P.C. are co-extensive between trial Court and High Court. NLR 1990 Cr. 478. Muhammad Uris.
Sec. 561-A and Sec. 439-A Cr.P.C. Scope of Sec. 561-A Cr.P.C. is not curtailed by sec. 439 Cr.P.C. Sec. 561-A Cr.P.C. bestows inherent powers upon High Court to check abuse of the process of a Court which is extensive in its application and Sec. 439 Cr.P.C. does not circumscribe its jurisdiction. Words "Nothing in this code" have been intentionally used by law-makers to unbridle the scope of Sec. 561-A Cr.P.C. Held, High Court u/S. 561-A Cr.P.C. could interfere with the order of the Sessions Court passed in revision u/S. 439-A Cr.P.C. Supreme Court maintained the sentence passed by the Magistrate but enhanced the sentence of fine from Rs. 10,000 to Rs. 25,000 each to be paid to the victim and in default of payment of fine to suffer 6 months R.I. in jail. 1995 SCMR 1679, Mst. Sarwar Jan v. Ayub etc.
Sections 249-A and 561-A, Cr.P.C. Alternate remedy u/S. 249-A should be availed before taking proceedings for quashment, u/S. 561-A, Cr.P.C. 1979 SCMR 94 Khushi Muhammad.
Acquittal for non-production of evidence. Not even a single witness produced though case pending in Court for 5 to 6 years. No prospect of such witness appearing in Court. Accused acquitted u/S. 249-A, Cr.P.C. Evidence on record if unrebutted wholly insufficient for conviction. No prospect of any more evidence against the accused. PLD 1980 Kar. 131 State v. Muhammad Saleh.
Section 265-K, Cr.P.C. does not apply to proceedings before Special Judge, but section 249-A, Cr.P.C. did apply. NLR 1981 Cr. 234 Yaqub Ali.
Section 249-K, Cr.P.C. does not curtail powers of High Court u/S. 561-A, Cr.P.C. when abuse of the powers of Court is apparent on the record. High Court can legally exercise powers u/S. 561-A, Cr.P.C. without the petitioner moving the trial Court u/S. 249-A, Cr.P.C. PLJ 1988 Cr.C. (Q) 1 Annand Ram v. Moti Ram etc.
Sections 561-A, 249-A, Cr.P.C. and Section 439, Cr.P.C. It is not necessary that before moving the High Court u/S. 561-A, Cr.P.C. the petitioner must move the magistrate u/S. 249-A, Cr.P.C. The provisions of the procedural law are intended to achieve the principal purpose of the administration of criminal justice viz. that all the infractions of criminal law are duly and properly investigated and inquired into. It will therefore be a startling proposition that the High Court should be disabled from discharging this very necessary duty simply because a party who could and should have appealed makes the mistake of filing a revision or a party who is adversely affected by the result of the proceedings has a right to invoke revisional jurisdiction of the High Court. Non-invocation of section 249-A, Cr.P.C. does not bar the High Court from exercising its inherent jurisdiction u/S. 561-A, Cr.P.C. (SC) NLR 1983 Cr. 226 Syed Manzoor Hussain Shah.
Quashment u/S. 561-A, Cr.P.C. without resort to section 249-A, Cr.P.C. is competent. NLR 1984 Cr. 66 Abdul Ghafoor.
Petition u/S. 561-A, Cr.P.C. made to High Court without approaching the trial Court first; proceedings quashed as being obviously of civil nature u/Ss. 406, 467, 471, PPC. NLR 1989 Cr. 308 Taj Muhammad.
Application u/S. 249-A, Cr.P.C. not necessary before application u/S. 561-A, Cr.P.C. Sec. 249-A, Cr.P.C. is only an enabling provision. It does not repeal the provision of Sec. 561-A, Cr.P.C. PLJ 1988 Cr.C. (Kar.) 524 Syed Muhammad Huseen-ud-Din etc. 1985 SCMR 257 Mian Munir Ahmed.
Secs. 561-A and 249-A, Cr.P.C. Moving the trial Court u/S. 249-A is not a condition precedent for moving the High Court u/S. 561-A, When the trial Court acts without jurisdiction or no offence is made out High Court may be moved u/S. 561-A, Cr.P.C. Case law discussed. PLD 1987 Quetta 230 Annand Ram v. Moti Ram.
Quashment u/S. 561-A, Cr.P.C. not barred when trial Court is not moved first where proceedings in the trial Court were without lawful authority. PLJ 1986 Cr. C. Quetta 578 Sher Muhammad.
Sections 439-A and 561-A, Cr.P.C. Addl. Sessions Judge convicting acquitted accused. Held, judgment on face of it being without jurisdiction. High Court setting aside u/S. 561-A, Cr.P.C. PLJ 1984 Cr.C. (Lah.) 114 Nadir.
Revision u/S. 439-A and Section 561, Cr.P.C. Petitioner filing revision u/S. 439-A, Cr.P.C. before Sessions Judge who dismissed it. Order of Sessions Judge is not challengeable u/S. 439 but inherent powers can be invoked u/S. 561-A, Cr.P.C. PLJ 1979 Cr.C. (Q) 21. Durrani v. Muhammad Jan. PLD 1979 (Q.) 17. PLJ 1987 Cr.C. (Q.) 406 Sher Muhammad.
Secs. 439-A and 561-A, Cr.P.C. Since there is no revision from revision, High Court u/S. 561-A, Cr.P.C. interfered in the judgment of the Sessions Court enhancing the sentence of the petitioner in revision without notice to him. Petitioners as of right are entitled to show-cause notice against the enhancement of sentence. Case remanded. PLJ 1991 Cr.C. (Lah.) 232 Ali Muhammad etc.
Secs. 561-A, Cr.P.C. and 439 (4) (b), Cr.P.C. High Court does not ordinarily interfere with the orders of the Sessions Court u/S. 439 (A), Cr.P.C. but relief cannot be denied in suitable cases to meet the ends of justice or to avoid abuse of process of Court. NLR 1991 Cr. 41 Gulzar Ahmed and NLR 1991 Cr. 65 Akhtar Ali.
Accused can be acquitted without recording any evidence u/S. 249-A Cr.P.C. when the Court is satisfied that no useful purpose would be served by proceeding further in the matter or there is no probability of the accused being convicted of any offence. PLJ 1993 416, Badar-ud-Din v. Mehr Ahmed Raza Addl. Sessions Judge.
Prosecution has a right to lead evidence. The prosecution cannot be denied the right by acquitting the accused u/S. 265-K Cr.P.C. before the charge is framed. PLJ 1993 Cr.C. (S.A.C.) 5, State v. Mazhar Hussain etc.
Sections 439-A and 561-A, Cr.P.C. Order of Sessions Judge passed in revision upholding order of Magistrate dismissing a complaint is open to interference by High Court in its inherent jurisdiction. NLR 1985 Cr. 400 Allah Ditta v. Muhammad Akbar.
Application u/S. 561-A, Cr.P.C. against judgment u/S. 439-A, Cr.P.C. entertained by High Court and sentence of life imprisonment reduced to 5 years R.I. (DB) PLJ 1982 Cr.C. (Pesh.) 138. Amir Khan.
Sections 561-A and 249-A Cr.P.C. It is not a condition precedent to apply u/S. 249-A, Cr.P.C. to Magistrate before applying u/S. 561-A, Cr.P.C. for quashment to High Court. PLJ 1984 Cr.C. (Lah.) 91. Syed Irshad Ali v. Navid Raza NLR 1984 Cr. 125.
Sections 561-A, 249-A and 265-K Cr.P.C. It is proper to approach the trial Court first u/S. 249-A or 265-K before moving the High Court u/S. 561-A. However, there is no bar in moving the High Court in the first instance. The powers of trial Court u/Ss. 249-A and 265-K are co-extensive with similar powers of the High Court u/S. 561-A and both can be resorted to. 1985 SCMR 257, Mian Munir Ahmed; 1989 P.Cr.LJ 507, Ghulam Ali v. Javed etc. PLJ 1993 Cr.C. (Kar.) 128, Shahid Muhammad Khan etc.
Sections 439-A and 561-A, Cr.P.C. Order of Addl. Sessions Judge passed on wrong interpretation of law in revision u/S. 439-A. High Court set aside the order u/S. 561-A, Cr.P.C. to do real and substantial justice to prevent abuse of the process of Court and to secure the ends of justice. PLJ 1984 Cr.C. (Pesh.) 484. Ghani-ur-Rehman.
Revision petition in High Court treated as petition u/S. 561-A Cr.P.C. as no second revision petition was competent. PLD 1992 Lah. 412 Abid Shah.
Section 561-A and 439-A, Cr.P.C. Revision of complaint dismissed by Sessions Court in limine. Impugned order quashed by High Court u/S. 561-A, Cr.P.C. PLJ 1984 Cr.C. (Lah.) 343. Mst. Khursheed Begum v. Dr. Muhammad Rafiq etc. PLJ 1984 Cr. C. (Kar.) 380. Dinal etc. v. Najam-ud-Din etc.
Resort to section 561-A when revision u/S. 439-A fails is circumventing the provisions of law. Petition dismissed. PLJ 1983 Cr.C. (Lah.) 40. Sarwar Ali.
Revision u/S. 561-A Cr.P.C. against order passed u/S. 439-A Cr.P.C. is not competent. High Court is not competent to entertain any proceedings in revision u/S. 561-A Cr.P.C. against the order of Sessions Court passed u/S. 439-A Cr.P.C. as it would amount to circumventing the provisions of Sec. 439(4) Cr.P.C. PLD 1997 Kar. 358, Raja Abdul Majeed.
Sections 435 to 439 Cr.P.C. & Sec. 561-A Cr.P.C. High Court although cannot press into service sections 435 to 439 Cr.P.C. Cr.P.C. in a case in which Magistrate concurs with the report of an investigating officer u/S. 173 Cr.P.C. but it can invoke aid of section 561-A Cr.P.C. against such order. 1997 SCMR 1503, Hussain Ahmed v. Mst. Irshad Bibi etc.
561-A, Cr.P.C. and 249-A, Cr.P.C. High Court refused to quash proceedings u/S. 145, Cr.P.C. pending before a magistrate though the possession of the property was being regulated by a civil Court, on the ground that the petitioner should have applied to the Magistrate u/S. 249-A, Cr.P.C. before approaching the High Court. Supreme Court remanded the case to the High Court for fresh decision on merits. (See 439-A, Cr.P.C. is not applicable to proceedings u/S. 145, Cr.P.C.) PLJ 1985 SC 540. Mehr Muhammad Sarwar.
Powers u/S. 561-A, Cr.P.C. can be exercised by High Court for quashment directly in suitable cases without invoking the provisions of Ss. 149-A and 265-K, Cr.P.C. where Court feels that there is no probability of accused being convicted of any offence. Power under Section 561-A, Cr.P.C. can be exercised in all cases of misuse of powers of law or to prevent injustice.Such powers are not available u/S. 249-A and 265-K, Cr.P.C. PLJ 1998 Cr.C. (Lah) 1632 Mrs. Suraya Farman.
For quashment u/S. 561-A Cr.P.C. applicant is to move trial Court first before moving the High Court u/S. 561-A Cr.P.C. Application dismissed as premature. PLJ 1993 Cr.C. (Kar.) 191, Ghulam Muhammad.
Offences in respect of Banks (Special Courts) Ordinance, 1984, Sec. 10 does not expressly or impliedly bar the jurisdiction of High Court u/S. 561-A Cr.P.C. High Court can exercise its jurisdiction in exceptional cases u/S. 561-A Cr.P.C. without waiting for trial Court to pass orders u/S. 249-A or 265-K Cr.P.C. if the facts of the case so warrant, to prevent the abuse of any Court or otherwise to secure the ends of justice. 1994 SCMR 798, State v. Asif Ali Zardari and another.
561-A and 439-A, Cr.P.C. Second revision is not competent before High Court, however if impugned order on the face of it is unsustainable the revision petition can be converted into petition u/S. 561-A, Cr.P.C. PLD 1987 Q. 94 Saleh Muhammad.
Quashment of order in revision by Sessions Judge, ordered by High Court u/S. 561-A, Cr.P.C. PLJ 1986 Cr.C. (Lah.) 456. Abdul Majid.
Sec. 249-A, Cr.P.C. is not applicable to cases under investigation but to cases which are in Court. PLJ 1986 Cr. C. (Lah.) 456 Abdul Majeed etc.
Sections 561-A and 249-A, Cr.P.C. Provisions of Section 249-A, Cr.P.C. do not interfere with inherent jurisdiction of High Court u/S. 561-A, Cr.P.C. Powers of High Court u/S. 561-A, Cr.P.C. and that of trial Court u/S. 249-A, Cr.P.C. being co-extensive and concurrent, trial Court should be approached in the first instance. But there is no bar for High Court to entertain in an appropriate case an application u/S. 561-A, Cr.P.C. direct. 1985 SCMR 257 Mian Munir Ahmad.
Cr. Revision u/S. 439-A and Sec. 561-A Cr.P.C. Sessions Court in revision u/S. 439-A Cr.P.C. set aside the order of the trial magistrate in proceedings u/S. 145 Cr.P.C. The High Court u/S. 561-A Cr.P.C. set aside the order of the Sessions Court. The Supreme Court held, that High Court is competent to act u/S. 561-A Cr.P.C. when second Cr. Revision is not competent after the decision in revision u/S. 439-A Cr.P.C. by Sessions Court. 1985 P.Cr.L.J 721, Gulab Din v. Muhammad Saleem referred. PLJ 1996 S.C. 1133, Haji Sher Hassan Khan v. Hidayat Ullah etc. = 1996 SCMR 1476.
Secs. 439-A and 561-A, Cr.P.C. Proceedings u/S. 145, Cr.P.C. initiated by S.H.O. in a dispute of property of purely of a civil nature and order passed by magistrate upheld by Sessions Court in revision u/S. 439-A, Cr.P.C. High Court quashed the order being in excess of jurisdiction and abuse of process of Court PLJ 1987 Cr. C. (Pesh.) 180 Rab Nawaz etc. v. Saad Ullah Khan etc.
Powers u/S. 561-A, Cr.P.C. not curtailed by Secs. 435, 439, 439-A, Cr.P.C. in any manner whatsoever. Jurisdictional requirements of order u/S. 561-A, Cr.P.C. when kept in view and fully observed legislative intent is not to be defeated. PLJ 1987 SC 549 Muhammad Shafiq v. Abdul Hye.
Dismissal of application u/S. 249-A, Cr.P.C. can be challenged direct in the High Court u/S. 561-A, Cr.P.C. Proceedings quashed. NLR 1988 Cr. 33, Muhammad Siddiq Sabir v. Ch. Muhammad Naeem Lone etc.
High Court jurisdiction u/S. 561-A, Cr.P.C. is not ousted by Articles 203-D-D and 203-F of the Constitution in respect of cases of Shariat Courts. High Court's power u/S. 561-A, Cr.P.C. is also not excluded under Article 203-G. When High Court forms a view that the process of the Court is being abused and the challan contains no accusations which if put to trial do not likely or even remotely to end up the trial in Conviction. PLD 1989 Kar. 481. Liaqat Ali etc.
In cases u/Ss. 561-A, 249-A, 265-K Cr.P.C. and writ petitions for quashment of order; it is proper not to make the Judges as parties by name but they should be made parties by designation or office as they are only proforma respondents, secondly they should be mentioned at the end of other respondents, who are necessary parties. PLJ 1993 S.C. 416, Badar-ud-Din v. Mehr Ahmed Raza.
"At any stage" in the provisions u/Ss. 249-A and 265-K Cr.P.C. does not make it necessary to record evidence before acquitting the accused. 1993 SCMR 523, State v. Ashiq Ali Bhutto.
Accused not to the arrested without permission of Home Secretary. Accused arrested in nine cases but named as accused only in one case. It was held, that the proceedings against the accused could not be allowed to be continued as it would be an abuse of the process of Court; it was also ordered that the police would not again arrest the petitioner in other cases without first obtaining permission from Home Secretary. (DB) PLJ 1993 Kar. 295, S. Mansoor Ahsan.
Mere fact that evidence has already been recorded or the trial of the accused was about to conclude could not alone be made a ground for dismissal of an application u/S. 561-A Cr.P.C. if Court was otherwise of the view that the trial of the accused amounted to his harassment. Proceedings quashed. 1992 P.Cr.LJ 58, Asif Ali Zardari.
Section 561-A Cr.P.C. cannot be invoked where there are express provisions in the statute dealing with the particular subject; in the present case powers u/S. 561-A Cr.P.C. could be availed of to suspend the sentence when the disposal of the appeal is delayed beyond 3 months as laid down in section 7 of the Suppression of Terrorist Activities Act. The delay should be of the nature which may be repulsive and unconscionable. The bail allowed by the High Court on medical grounds was not cancelled by the Supreme Court. 1992 SCMR 2192, State v. Syed Qaim Ali Shah.
Sections 249-A, 265-K and 561-A, Cr.P.C. Jurisdiction u/Ss. 249-A, 265-K and 561-A, Cr.P.C. are co-extensive. Trial Court can acquit the accused u/Ss. 249-A and 265-K, Cr.P.C. as the case may be at any stage. If the trial Court holds that the accused is not entitled to acquittal u/S. 249-A/265-K, Cr.P.C. for quashment of proceedings. 1998 SCMR 873 State v. Gulzar Muhammad.
Judicial powers of Magistrate withdrawn by High Court while quashing Magistrate's order in writ jurisdiction. Magistrate passed order of discharge of accused on the day FIR was registered. NLR 1999 Cr. 209 Masood-ul-Hassan v. Habib-ur-Rehman, etc.