4
Crl.P. No. 225 of 2023
parties before making any order.2 The power assigned to the
Courts by the legislature is to avoid the abuse of process of the
Court; to protect the integrity of the criminal justice system; to
safeguard a person involved in the case from the agony of a
purposeless, malicious, and frivolous criminal prosecution; or
otherwise, to secure the ends of justice. The exercise of the
inherent powers is mandatory in nature, therefore, any departure
therefrom would be a violation of the substantive provisions of law
and would prejudice the interests of the accused, which is an
illegality. If the Court considers that the available material is
sufficient to proceed with the trial and refuses to quash the judicial
proceedings, it does not preclude the Court from exercising its
inherent power subsequently after recording some evidence or
surfacing
any
material
for
the
purpose
of
quashing
the
proceedings. However, the exercise of such power by the Courts
must be in exceptional circumstances, with great caution and by
applying its mind judiciously.
4.
The offences under sections 121-A, 124, 153-A, 505 of the
PPC, mentioned in the FIR, relate to waging of war against
Pakistan; assaulting President, Governor etc; promoting enmity
between different groups; and abetting mutiny, etc. These offences
are part of the offences of the PPC mentioned in section 196 of the
Code.
Before
prosecuting
any
person
under
the
offences,
mentioned therein, a special procedure is required to be followed,
which is reproduced below:
196. Prosecution for offences against the
State– No Court shall take cognizance of any
offence punishable under Chapter VI or IX-A of
the Pakistan Penal Code (except Section 127),
or punishable under Section 108-A, or Section
153-A or Section 294-A, or Section 295-A or
Section 505 of the same Code, unless upon
complaint made by order of or under authority
2
Zahoor-ud-Din v. Khushi Muhammad and others; 1998 SCMR 1840,