PLD 2023 Balochistan 85
Criminal Procedure Code 1898 ) ---
---- Ss . 177 , 179 , 180 , 181 , 235 , 403 & 561-A ---
General Clauses Act 1897 ) , S. 26 ---
Inherent jurisdiction of High Court --- Quashing of FIR --- Multiple FIRS --- Double jeopardy , principle of --- Applicability --- Petitioner was facing multiple FIRs on the allegations of condemnation of creation of State and advocacy of abolition of its sovereignty , sedition , abetting mutiny , attempting to seduce a soldier , sailor or airman from his duty , wantonly giving provocation with intent to cause riot , defamation , intentional insult with intent to provoke breach of peace and criminal intimidation --- Petitioner sought quashing of all FIRs as they contained similar allegations with reference to one occurrence against which one case had already been pending in another province --- Validity --- It was neither possible nor convenient for petitioner to obtain bail from various Courts in various cities joining various investigations and finally defending himself before various Courts , that too , for one and the same offence --- All FIRs were registered for the same incident under same provisions of law against same accused --- Taking cognizance by multiple Courts , having different territorial jurisdiction simultaneously , was in violation of Arts . 4 & 13 of the Constitution , S. 403 , Cr.P.C and S. 26 of General Clauses Act , 1897 --- Single trial had been envisaged under Part VI , Chapter XV Ss . 177 , 179 180 181 & 235 , Cr.P.C .--- Power under S. 561 - A , Cr.P.C. is extraordinary jurisdiction that cannot override the Court's provisions --- Cases may arise where demands of justice require immediate , real and substantial justice and in such circumstances , Courts are justified to exercise their jurisdiction to save a party from harassment and abuse of process of Court --- Powers under S. 561 - A , Cr.P.C. may be used sparingly as it confers vast powers on the Court to meet such eventualities and pass any order which ends of justice may require --- High Court directed to release accused.
Remand --- Magistrate , duty of --- Magistrate is not expected to pass orders granting remand of accused persons in a mechanical manner --- Magistrate has to examine very carefully the justification for depriving a citizen of his liberty which can only be done if material justifying such action is available on record --- Deviation made by Magistrate in such respect , exposes Magistrate to the peril of having committed violations of mandatory provisions of law
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