| Case ID |
424b1113-0b97-4608-bb62-4dfc57c38499 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No.3056 of 2013 |
| Decision Date |
Oct 23, 2013 |
| Hearing Date |
Oct 09, 2013 |
| Decision |
The petition was dismissed in limine as not maintainable in law. The petitioner sought to quash the proceedings of Criminal Case No. 891 of 2010 and set aside a judgment and decree from 2010. The court found that there was no sufficient legal basis for the quashment of the criminal proceedings. The inherent jurisdiction of the High Court was not exercised as the circumstances did not warrant such an action. The decision was based on the absence of evidence and the lack of any demonstrated improper motive behind the prosecution. The court emphasized that the powers under section 561-A of the Criminal Procedure Code should be used sparingly and only in exceptional cases. Consequently, the petitioner's requests were denied, and the case was dismissed without any order as to costs. |
| Summary |
In the case of C.P. No.3056 of 2013, the Sindh High Court dealt with a constitutional petition seeking to quash criminal proceedings against the petitioner, Bashir Ahmed. The court examined the inherent powers under the Criminal Procedure Code and the Constitution of Pakistan, particularly focusing on the implications of sections 561-A and 199. The petitioner challenged the decision of the Magistrate to stop the criminal proceedings due to the non-appearance of the complainant and prosecution witnesses. The court reiterated the importance of maintaining the integrity of legal processes, emphasizing that quashment is only justified in cases lacking evidence or where the prosecution is deemed mala fide. The judges, NADEEM AKHTER and SYED MUHAMMAD FAROOQ SHAH, ultimately dismissed the petition on the grounds of maintainability and lack of sufficient legal justification, underscoring that the relief sought was not tenable in law. The ruling reflects critical considerations in the application of constitutional and criminal law, particularly regarding the balance between individual rights and the integrity of the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AKHTER,
SYED MUHAMMAD FAROOQ SHAH
|
| Lawyers |
Manzoor Hussain Khoso
|
| Petitioners |
BASHIR AHMED
|
| Respondents |
2 others,
VIIITH FAMILY JUDGE, DISTRICT WEST, KARACHI
|
| Citations |
2014 SLD 1399,
2014 YLR 429
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
561-A,
249,
199
|