| Case ID |
3d7cb40a-16f1-4b45-8690-85eaa964d586 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 219 of 2010 |
| Decision Date |
Apr 15, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the application under section 561-A of the Criminal Procedure Code for quashing the proceedings against Zulfiqar Ashraf. The court noted that while the cheque in question was issued by the father of the applicant and not by him, there were allegations of criminal breach of trust involving shares that had been entrusted to the applicant. The court emphasized that inherent powers should only be invoked in exceptional cases, and since the trial had not yet concluded, it was premature to quash the proceedings. The court directed that the trial should be concluded within two months on its merits. |
| Summary |
In the case of Zulfiqar Ashraf vs. The State, the Sindh High Court addressed the application for quashing criminal proceedings under section 561-A of the Criminal Procedure Code. The applicant, Zulfiqar Ashraf, sought to dismiss the charges relating to the dishonestly issuing of a cheque, which was claimed to have been issued by his father. The court examined the inherent powers of the High Court and the necessity of allowing the trial to proceed in the interest of justice. It was determined that the allegations of criminal breach of trust were significant and warranted further examination in court, thus the application for quashment was dismissed. This case underscores the importance of due process and the careful application of the court's inherent powers in criminal matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Tufail H. Ebrahim
|
| Lawyers |
Muhammad Sharif,
Khaleeq Ahmed Khan,
Imtiaz Ali Jalbani
|
| Petitioners |
Zulfiqar Ashraf
|
| Respondents |
The State
|
| Citations |
2011 SLD 6632,
2011 PCRLJ 1437
|
| Other Citations |
Bashir Ahmad v. Zafar-ul-Islam and others PLD 2004 SC 298,
Maqbool Rehman's case 2002 SCMR 1076
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
249-A,
237,
489-F,
405
|