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1997 MLD 1569

MUHAMMAD AKRAM vs THE STATE And 2 Other

Citation1997 MLD 1569
CourtLahore High Court
Case No.Criminal Miscellaneous No. 76-Q of 1996
Date1996-06-04
Judge(s)Muhammad Asif Jan
ResultPetition dismissed

ORDER

Muhammad Akram petitioner has brought this petition under section 561-A, Cr.P.C. For quashment of an order dated the 20th of March 1996 passed by a Magistrate 1st Class, Alipur, District Muzaffar h, and a report under section 173, Cr.P.C. Submitted by the Station House Officer of Police Station Alipur City dated the 10th of November 1995, and further seeking quashment of proceedings pending against the petitioner under section 182, P.P.C. On the grounds inter alia that the report submitted under section 173, Cr.P.C. By the SHO of Police Station Alipur City is ill-founded, that the order of the Magistrate of Alipur dated the 20th March, 1996, passed on the basis of the said report, is without any valid reasons and finally that the proceedings initiated against the petitioner under section 182, P.P.C. Are illegal and without jurisdiction.

2. Section 561-A, Cr.P.C. Is a provision which is meant to save and keep intact the inherent power of this Court to make such orders as may be necessary :---

(i) to give effect to any order under this Code, or

(ii) to prevent an abuse of process of any Court subordinate to this Court, or

(iii) otherwise to secure the ends of justice.

The said provision of law does not create a new jurisdiction or a new power. It only reiterates that nothing in the Code of Criminal Procedure shall either limit or affect the inherent power of this Court. The term "abuse of process of any court" signifies a perversion of the very purpose of law and justice, resulting in harassm ent to any innocent party, and negating the very purpose of justice, as held by my Lord Mr. Justice A.R. Cornelius, the then Chief Justice of Pakistan, in the case of M.S. Khawaja v. The State (PLD 1965 Supreme Court 287).

3. The term "otherwise to secure the ends of justice" has to be read ejusdem generis.

The inherent powers of this Court under section 561-A, Cr.P.C. Do not extend to uncalled for and unwarranted interference with the procedure provided under the law which must always be followed as laid down by my Lord Mr. Justice Hahmoodur Rahman the then Chief Justice of Pakistan in the case of Ghulam Muhammad v. Muzammal Khan (PLD 1967 SC 317).

4. There is no merit in this petition which is dismissed.

Cited by 1 case

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