Pakistan Case Law
1986 SCMR 303

MARGHOOB ALAM And Another vs SHAMAS DIN And Another

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Citation1986 SCMR 303
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No. 21/Q of 1973 Petition for Special Leave to Appeal
Date1976-01-22
Judge(s)Anwarul Haq and Muhammad Gul
Authored byAnwarul Haq
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioners challenged an order of the Lahore High Court which refused to quash criminal proceedings initiated against them under sections 406, 420, and 468 of the Pakistan Penal Code 1860. The petitioners argued that the dispute arose from a business agreement and was essentially civil in nature, contending that the criminal prosecution constituted an abuse of the court's process. The core legal question was whether the High Court correctly refused to exercise its inherent powers to quash the proceedings. Upon review, the Supreme Court held that the complaint filed by the respondent disclosed a prima facie case of criminal offences. The Court affirmed the High Court's decision, emphasizing that the inherent powers under section 561-A of the Code of Criminal Procedure 1898 are designed to prevent the abuse of the process of the court, but are not intended to stifle legitimate criminal prosecutions. Consequently, the petition was dismissed as the allegations in the complaint warranted a trial.

Questions settled in this judgment
  • Can criminal proceedings be quashed under section 561-A of the Code of Criminal Procedure 1898 when the complaint discloses a prima facie criminal offence?
  • Does the existence of a parallel civil suit automatically render criminal proceedings an abuse of the process of the court?
  • What is the scope of the High Court's inherent powers under section 561-A of the Code of Criminal Procedure 1898 regarding the stifling of prosecutions?
Laws & provisions referred
  • Section 406, Pakistan Penal Code 1860
  • Section 420, Pakistan Penal Code 1860
  • Section 468, Pakistan Penal Code 1860
  • Section 561-A, Code of Criminal Procedure 1898
quashing of criminal proceedingsinherent powersabuse of processcriminal breach of trustcheatingforgerycivil dispute

ORDER

1. ANWARUL HAQ, J.--The petitioners are aggrieved by the refusal of the Lahore High Court, by its order, dated 25-3-1975, to quash criminal proceedings initiated against them by respondent No. 1 under sections 406/420 and 468 of the Pakistan Penal Code.

2. The main ground urged in support of the petitioners, application under section 561-A, Cr.P.C. Was that the facts alleged in the complaint filed by respondent No. 1 did not disclose the commission of any criminal offence. After perusing the complaint in question the learned Judge in the High Court has observed that, in his view, the facts alleged therein did disclose a prima facie offence.

3. Learned counsel for the petitioners submits that there was a business agreement between the parties and the dispute is in fact of a civil nature. He contends that the respondent has also initiated proceedings by way of a civil suit, and, therefore, the criminal prosecution initiated by him amounts to an abuse of the process of the Court.

4. We have perused the complaint filed by respondent No. 1 against the petitioners, and we find that the learned Judge in the High Court was right in observing that the facts alleged do prima facie disclose the commission of criminal offence. In the circumstances, the High Court was right in refusing to quash the proceedings. Powers under section 561-A are intended to prevent abuse of the process of the Court, but not to stifle prosecution.

5. The petition, therefore, fails and is hereby dismissed.

Cited by 25 cases

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