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Criminal Miscellaneous No. 318/Q of 1972, decided on 25th July 1972.

-----S. 561-A-quashment of proceedings-Partial quashment-Police finding petitioner innocent placing her in Column No. 2 of challan form--Complainant and her husband as against version in F. I. R. not accusing petitioner before trial Court to have come to their house, found complainant all alone, and left, whereafter other accused trespassed into their house and beat complainant-Trial Court nevertheless summoning petitioner as accused-Petitioner, held, not justifiably summoned as accused -Proceedings quashed partially qua petitioner -Penal Code (XLV of 1860), Ss. 354 do 452.

Muhammad Nasrullah Waraich for Petitioner.

Maj. Nazar Muhammad Mufti for the State.

This is a petition for partial quashing of proceedings pending against the petitioner and others under sections 354 and 452, P.P. C. in the Court of Mr. M. Ria:, M. I. C., Khanewal, The case was registered at P. S. Mian Channu on 1st February 1972 on the report of Mst. Khurshid Bibi complainant. According to the allegations contained therein, ten or eleven days earlier; at about 8/9 p. m. while she was sitting alone in her house and was performing ablution for offering Isha prayers, Mst. Rehmat Bibi, present petitioner, came there, sat with her for a while, and, on inquiry, being told that the complainant's husband and son were out of station, she left. Soon thereafter, Sarang, Ramzan, Nizai and Ali accused armed with lathis trespassed into the house in spite of her protest that she was a purdahnashin lady, gave her a beating, and dragged her outside in the lane. Several persons were attracted to the spot by an alarm when the accused left her and ran away. She sustained six injuries on the knee, back, thigh and head. On the next morning she accompanied by Sardara Mirassi went in search of her husband who had, gone on a visit to his Murid. On return she got herself medically examined and lodged the report. In the course of investigation the police found the petitioner and one Nizam as innocent and placed them in Col. 2.

2. After examining Mst. Khurshid Bibi complainant who appeared as P.W. 2, and her husband Shah Jamal, P. W. 1, whose statement was based on the information received by him from his wife, the learned trial Magistrate summoned the accused persons. The learned Magistrate also summoned the petitioner.

3. Having been taken through the statement of Mst. Khurahid Bibi made in Court I find that she had not named the petitioner as the lady who had visited her in the first instance and, after her departure, the other accused had trespassed into the house; similarly Shah Jamal, the husband of the complainant, whose testimony was based on the information received by his at the hands of his wife, Mst. Khurshid Bibi, complainant, did no name the petitioner as the lady. Accordingly there was hardly any justification for the petitioner to have summoned the accused persons. There is ample authority for the proposition that the proceedings can be partially quashed. I accordingly allow the petition and partially quash the proceedings in so far as the petitioner is concerned. These shall, however, continue in so far as the other accused are concerned.

Proceedings partially quashed.

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