PLD 2022 Lahore 773
Constitution of Pakistan—
—-Art. 199—Criminal Procedure Code (V of 1898), Ss. 561-A, 249-A & 265-K—Constitutional jurisdiction—Quashing of FIR—Alternate remedy, availability of—Effect—Jurisdiction of the High Court under Art. 199 of the Constitution is extraordinary and should be invoked only when there is no adequate and efficacious alternative remedy—Generally speaking, S. 249-A, Cr.P.C. and S. 265-K, Cr.P.C. in the cases triable by the Sessions Court) is considered to provide such remedy as it empowers the court to acquit the accused at any stage of the trial if it thinks that the charge is groundless or there is no probability of his being convicted of any offence—High Court would not interfere in the normal course of the trial and quash the criminal proceedings while exercising powers under Art. 199 of the Constitution or S. 561-A, Cr.P.C.—Argument that some authorities hold that the bar is not absolute—Held, every case has its own facts and in exceptional circumstances the High Court can intervene.
