Find a Lawyer

Criminal Miscellaneous No. 238 of 1976, decided on 6th May 1976,

S. 561‑A‑Quashment of proceedings ‑Nothing on record to show accusations made in complaint disclosing no offence at all‑Trial Court summoning accused to hear evidence and allegations made in complaint yet to be tested in light of such evidence Complaint, held, could not be thrown out in circumstances Quashment declined.‑(Quashment of proceedings].

S. M. Rashid for Petitioner.

Malik Abdul Rehman for Respondent No. 1.

Ibne Hassan for A: G. for the State.

Date of hearing : 6th May 1976.

This is an application by Mst. Fatima Bibi, Abdul Hamid and Muhammad Arshad accused‑petitioners under section 561‑A, Code of Criminal Procedure for quashing proceedings pending in the Court of Ch. Muhammad Arshad Virk, Magistrate 1st Class, Lahore.

2. The complaint under sections 420, 406, 317, 500 and 506/34, P. P. C. was instituted by Inayatullah Tahir against Mst. Fatima Bibi, Abdul Hamid and Muhammad Arshad petitioners on 22‑8‑1975. The learned Magistrate recorded the preliminary evidence of tee complainant and his two witnesses and summoned the accused under sections 406, 420 add 500, P. P. C. vide his order dated 1‑9‑1975.

3. No evidence has so far been recorded in this case. The accused persons have denied the accusation against them and it is not possible to say which of the two‑assertions is correct.

4. I have gone through the record of this case and it is not proper for this Court when the proceedings are at this stage, to intercept and quash the proceedings. There is only a complaint before the Magistrate, who after recording evidence will if the complaint is found to be frivolous discharge the accused. It will be only after recording some evidence that the falsity of the complaint will be brought to light. If complaints lying at the stage as in this case are brought to this Court for scrutiny for the purpose of ascertaining the truth or falsity of the accusation this Court will be converted into a Court of first instance in almost all criminal cases. No evidence has so far been recorded in the presence of the accused petitioners and there is nothing on the record besides the complaint to show whether the allegations are true or false.

5. Proceedings can be quashed if there is something on the record to, show that the accusations in the complaint did not disclose any offence, at all and that the evidence adduced discloses no offence. In that event the process of the Court can be said to have been abused. The Court below had done nothing besides summoning the accused to hear the evidence. These allegations require to be tested in the light of evidence and that stage has not yet been reached. It will be an abuse of process of this Court if the complaints are thrown out without allowing the complainant to produce evidence.

6. This application under section 561‑A, Cr. P. C. is rejected accordingly.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.