Quashment of criminal proceeding- The High Court Division of Supreme Court of Bangladesh may quash a criminal proceeding invoking its jurisdiction under section 561A of the Code of Criminal Procedure in the following circumstances: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the offence as alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge.
Posted on: Sat, 24 Aug 2013 08:52:37 +0000
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