SARDAR KHAN vs State S — 2021 PCrLJ 43 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SARDAR KHAN VS State S. 15---Criminal Procedure Code (V of 1898), Ss. 249-A & 561-A---Inherent powers of High Court---Quashing of order---Trial Court, after taking cognizance of the case, issued summons to the petitioners but the petitioners did not appear before the court---Later, non-bailable warrants were issued with the direction that in case of non-execution of warrant, the Naib Tehsildar to appear in person---Application for cancellation of warrant was filed, which was accepted and warrants were withdrawn---Accused again did not appear and his non-bailable warrants were issued---Application for the cancellation of warrants was again filed, which was accepted and warrants were again withdrawn---Application under S. 249-A, Cr.P.C. was filed on the next date of hearing, for the acquittal of the accused, which was dismissed---Validity---Record showed that Judicial Magistrate, in the present case, issued several non-bailable warrants of arrest against the petitioners, but on each occasion the Trial Court was approached by the counsel for the petitioners, with assurance that the petitioners would appear before the court, while the application filed for exemption of the personal appearance of one of the petitioners was also declined---Admittedly, a competent court of law had been repeatedly issuing the warrants of arrest against the petitioners for their appearance and it was also on record that the petitioners were avoiding appearance and also their lawful arrest---If the quashment petition was entertained for its decision on merit without the petitioner's surrender in obedience to the warrants under S. 204, Cr.P.C., issued by a competent court of law, then it would tantamount to abuse of the process of the court, as a person who fled or escaped from law lost some of his normal rights available to him under the law, therefore, the present petition could not be entertained as the petitioners were fugitive from law---Petition was dismissed, in circumstances.

SARDAR KHAN vs State S — 2021 PCrLJ 43 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2021 PCRLJ