' 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.
Lai 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 Gadab Town, Karachi in a police encounter as recorded in F.I.R. No,101 of 2006 dated 12-7-2006. On completion of the investigation, respondents, all of whom were police officials except respondents Nos.50-51, were sent up to face trial. Before any evidence could be recorded by the trial Court, few of the respondents seem to have approached the High Court by moving an application under section 561-A, Cr.P.C. The High Court, through the impugned order, quashed the proceedings.
3. Notices were issued to the respondents. Respondents Nos.1 to 3 have been served and are represented.
4. We have heard Mr. Shahadat Awan, learned Prosecutor: General, Sindh for the petitioner and Mr. M. Ilyas Khan for respondents Nos.1 to 3.
5. The issue, which requires to be examined is to ascertain as to whether the quashment of the proceedings was allowed in accordance with the settled principles of law, which require that if prima facie the offence has 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 as held in well-known case of Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317 and the subsequent pronouncement of this Court in the case of A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353, besides number of other rulings on the subject.
' Accordingly, leave to appeal is granted to examine the impugned order on the touchstone of the above mentioned rule laid down by this Court.