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Criminal Petitions for Special Leave to Appeal Nos. K‑6 and K‑7 of 1969, decided on 14th January 1970.

(On appeal from the judgment and orders of the High Court of West Pakistan, Karachi Bench, dated the 6th November 1968 and the 2nd December 1968, in Criminal Miscellaneous Applica tion No. 311 of 1968).

----S. 561‑A‑Criminal prosecution for offence under S. 406 quashed by High Court in view of civil suit already filed and subject‑matter of dispute already delivered into possession of complainant‑Petition for Special Leave to Appeal against order of quashment, in circumstances, held, had become abortive Petition dismissed.

Khalid M. Ishaque, Advocate Supreme Court instructed by Mujahid Hussain, Advocate‑ on‑Record for Petitioner.

Nemo for Respondents.

‑This order will dispose of Criminal Petitions for Special Leave to Appeal Nos. K‑6 and K‑7 of 1969.

The petitioner who is a Tea Dealer, stored his tea‑chests in the godown belonging to the respondents Nos. 1 and 2. The case of the petitioner is that he was allowed to store his goods without any charge until such time as the amount advanced to the said respondents was repaid to him. It appears that respondents Nos. 1 and 2 demanded warehouse rent for the use of their premises and refused the petitioner to remove his 222 cases of tea leaves which were still lying in their godown. On the 1st July 1968, the petitioner filed a complaint with the Police against the said respondents. At first, the police took no action, but later on, the police charge‑sheeted them on the 7th August 1968 under section 406, P. P. C. Thereupon, respondents moved an application in the High Court of West Pakistan, Karachi Bench, for the quashment of the aforesaid criminal proceedings pending against them in the Court of Additional City Magistrate No. VIII, Karachi. The matter came up before late Khamisani, J. who by order dated the 6th November 1968, quashed the said proceedings. The petitioner seeks permission to file an appeal against the said order.

In support of the petition, Mr. Khalid Ishaque, learned counsel for the petitioner, has urged that there was sufficient material on the record to establish a prima facie case against respondents Nos. 1 and 2 under section 406, P. P. C. He, however, admitted that the petitioner filed Civil Suit No. 29 of 1968 and the High Court of West Pakistan, by order dated the 17th December 1968, has directed the respondents to deliver the above goods to the petitioner. The learned counsel, further admitted that in pursuance of this order of the High Court, the goods have been delivered to the petitioner. He informed us that the appeal filed by respondents Nos. 1 and 2 against the said judgment of the High Court was dismissed by the Letters Patent Bench on the 4th January 1969. It is thus clear that the subject‑matte of the dispute between the parties is now in possession of the petitioner and the petitions have become abortive. We, therefore, do not consider this as fit case for interference by this Court. The petitions are dismissed.

Petition dismissed

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