Shahbaz Shah Legal Journal

Supreme Court of Pakistan

Aurangzaib Alamgir v. Muhammad Sajid and others

Criminal Petition No. 58-K of 2023

Citation: 2024 SCP 419; PLD 2025 SC 53

Section 561-A Cr.P.C.Section 249-A Cr.P.C.Section 265-K Cr.P.C.Section 3Section 5

Case summary

The judgment in brief

In Aurangzaib Alamgir v. Muhammad Sajid, the Supreme Court held that cognizance alone does not justify dismissing a Section 561-A CrPC petition without examining whether the record discloses abuse of process.

Question of law

Whether the High Court could summarily dismiss a Section 561-A CrPC petition solely because the trial court had taken cognizance, without considering whether the petition disclosed a prima facie abuse of process or another need to secure the ends of justice.

Holding

What the Court decided

No. Cognizance alone was neither a lawful nor persuasive reason to dismiss the petition without addressing its grounds. Section 561-A is curative and exceptional, not a substitute for Sections 249-A or 265-K, but the High Court must consider whether an apparent abuse of process or other exceptional circumstance is shown.

Result

Outcome and directions

The Criminal Petition was converted into an appeal and allowed. The High Court's summary dismissal was set aside and Crl. Misc. Application No. 94 of 2022 was remanded for a fresh decision after notice to the parties. The Supreme Court did not quash the complaint or decide its merits.

Precedent record

Authority and later treatment

Publication
Citation recorded: 2024 SCP 419; PLD 2025 SC 53
Primary source
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Later treatment
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