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Criminal Miscellaneous Application No. 151 of 1977, decided on 12th September, 1978.

--- S. 561-A-Quashment of proceedings-Petitioners, permanent residents of K, having dispute with respondents over Trusteeship of a mosque-Respondents through one of their relatives getting a complaint filed against petitioners alleging commission of theft by petitioners while staying in complainant's house for a night-Com plaint, held, false on its face and filed to harass petitioners in cir cumstances-Proceedings quashed-Penal Code (XLV of 1860), S. 380.-[Complaint].

Nooruddin Sarki for Petitioners.

Mazharul Haq Hassanally, A.A.-G. for the State:

Date of hearing : 12th September 1978.

This is a petition for quashment of the proceedings of a direct complaint for offence under section 380, P.P.C. filed in the Court of D. M., Dadu. The complaint was forwarded to Mukhtiarkar and F. C. M., Seh wan who issued process against the petitioners. Non-bailable warrants were issued straightaway and the petitioners were allowed bail before arrest by the High Court. The facts of the case in brief are that the 7 petitioners are permanent residents of Korangi, Karachi. As pointed out by the learned counsel for the petitioners there were some disputes between the party of the petitioners with another party over trusteeship of a mosque. The other party, therefore, through their relation Nabi Bux who resided at Sehwan got a complaint filed against all the petitioners at Sehwan alleging that the petitioners had gone there for ziarat and had stayed for the night in the house of the complainant but they were found missing next morning and a brown leather suitcase containing clothes and cash and one time-piece belonging to the complainant was also missing.

2. It has been rightly pointed out that this is a stereotype false complaint usually filed in this part of the country and in fact the complaint does not make out a case of theft against any of the petitioners. On the other hand the facts mentioned in the complaint are highly improbable and the petitioners who are permanent residents of Karachi have been subjected to this sort of harassment by issue of non-bailable warrants against them and an attempt has been made to drag them all the way from Karachi to attend the hearings of the case at Sehwan. The complaint on the face of it appears to be false and does not inspire confidence. The proceedings if allowed to continue would amount to abuse of the process of Court. They are accordingly, hereby quashed.

Proceedings quashed,

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