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AURANGZAIB ALAMGIR vs MUHAMMAD SAJID Ss — 2025 PLD 53 SUPREME-COURT

Case information

Citation
2025 PLD 53 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
AURANGZAIB ALAMGIR vs MUHAMMAD SAJID Ss
Subject matter
Criminal

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

Judgment text as reported

AURANGZAIB ALAMGIR VS MUHAMMAD SAJID Ss. 561-a, 249-a & 265-K---Inherent power of High Court---Scope and principles---Quashing of criminal proceedings---High Court can quash a judicial proceeding pending before any subordinate court under Section 561-a, Cr.P.C., in order to prevent the abuse of the process of that court or otherwise to secure the ends of justice---Expression "abuse of process" used under Section 561-a, Cr.P.C., connotes an unwarranted or irrational use of legal proceedings or process which also includes the presence of ulterior motives for activating the process for unjustified arrest or groundless criminal prosecution---at the same time, this inherent jurisdiction cannot be deemed to be an alternative jurisdiction or additional jurisdiction and cannot be exploited to disrupt or impede the procedural law on the basis of presumptive findings or hyper-technicalities---Instead, it is intended to protect and safeguard the interests of justice and to redress grievances of aggrieved persons, for which no other procedure or remedy is provided in the Cr.P.C---Remedy provided under Section 561-a, Cr.P.C., cannot be construed as an alternate remedy or substitute for an express remedy provided under Section 249-a or 265-K, Cr.P.C., as the case may---Therefore, the ordinary remedy provided under the law cannot be bypassed or circumvented.

Other judgments reported in 2025 PLD

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