Ausaf Ali Khan, J.- This is the petition under section 561-A Cr.P.C, for the quashment of criminal proceedings ending against the petitioners in the Court of Mr. Riaz-ul-Hussan Alvi, Additional Sessions Judge, Bahawalpur who has issued warrants of arrest against them on the basis of challan submitted before him.
2. Initially the petitioners were opined as innocent and the Magistrate and discharged them.
Subsequently the case was re-investigated by the Superintendent of Police, Crime Branch, whereby Mrf. Nadia Yasmin and Shabhir were challaned as . Accused. The petitioners, however, were not found connected with the offence. But the learned Additional Sessions Judge had already taken cognizance of the matter on the basis of report under section 173 Cr.P.C, submitted on the 30th of September, 1992. Wherein the petitioners had also been shown as witnesses. Subsequently challan was also submitted on the 17th of October, 1992 wherein the petitioners were placed in column No.2. The learned Additional Sessions Judge, however, on the basis of the said challan decided to proceed against the petitioners and issued coercive processes against them. A revision petition is also pending against the order of the Magistrate before the learned Additional Sessions Judge which apparently was entertainable only in the Shariat Court in Hadood cases. Inherent jurisdiction of this Court cannot be invoked to bring about a result in respect of which there is an express prohibition or express provision in Code of Criminal Procedure or any other law. A Quashment petition against the order in Hadood case which was open to revision before the Federal Shariat Court is not sustainable. So was also ruled by the Sindh High Court in Piral alias Pir Box's case reported at NLR 1993 Criminal 364. Even on merits, the learned Additional Sessions Judge was competent to summon the accused placed in column No.2 who had earned discharge through an executive order of the Ilaqa Magistrate. For this I solicit support from Syed Waqar Hussain Shah's case cited at NLR 1988 Cr.L.J.552. In the circumstances the petition under section 561-A Cr.P.C, is dismissed.