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Criminal Miscellaneous No. 165/Q of 1979, decided on 25th April, 1979.

-----Ss. 561-A & 186-Quashment of proceedings Respondent making application under S. 186-A before District Magistrate, at D praying for stay of proceedings in complaint case pending in Magistrate's Court at M-District Magistrate on such application summoning record of case as well as petitioner-Provisions of S. 186, held, not applicable and nothing like S. 186-A existed in Criminal Procedure Code, 1898-Order of District Magistrate hence without jurisdiction and accordingly quashed.

Munir Ahmad Bhatti for Petitioner.

Abdullah Bajwa for Respondents 1 and 5.

The record of this case has been received. Respondents 2 to 4 were served for the 14th of April 1979 and thereafter they were bound down for today's date of hearing. But they have not appeared today, nor a represented by any counsel. This being the position I proceed again them ex parte.

2. The position in this case is that Muhammad Rafiq petitioner has filed a complaint against the aforementioned respondents under section 406/420/109. P.P.C. and this complaint at present is pending the Court of Sheikh Muhammad Aslam Arshad, Magistrate First Class Multan under the title Muhammad Rafiq v. Mst. Razia Sultana at This complaint was filed on the 26th of November, 1978. The Magistrate after recording the preliminary statements of the complainant and witness has summoned the aforementioned respondents for appearance in his Court. The allegation in the complaint is that respondent No. 2 is the father, respondent No. 3 is the mother and respondent No. 4 Mst, Razia Sultana is the daughter and that the daughter along with the parents have given in writing to the petitioner that she had received from the petitioner a total sum of Rs. 7,800 on the condi tion that he should secure her dissolution of marriage from her former husband and that if he succeeded to do so and also provided her with money, which she needed badly, then she would marry him. However, after her dissolution of marriage if she did not marry the petitioner, then she would return Rs. 7,800 to him and that in case she did not do so, then the petitioner was at liberty to proceed against her and her parents in the Criminal Court or in the Civil Court as he desires. The contention of the petitioner is that he has paid different sums of money at different stages to the respondents and although the girl had obtained dissolution, she was neither marrying the petitioner, nor they are returning the money, Thus, the complaint has been filed at the instance of the petitioner as against them under section 406/420/109, P. P. C, which is pending as described above. The respondents instead of appearing in the Court of the Magistrate moved an application before the District Magistrate, Dera Ghazi Khan on the 12th of December, 1978, This application purports to be under section 186-A, Cr. P. C,.

3. Firstly, it was pointed out by learned counsel that there was no such section in the Cr. P. C. as section 186-A; and secondly that the provisions of section 186, Cr. P.C., which already exists, are not appli cable and such an application could not be moved under that section. In any case, the aforesaid application has been moved by the aforemen tioned in the Court of the District Magistrate, Dera Ghazi Khan and it is prayed therein that the proceedings in the complaint case pending before, Sh. Muhammad Aslam Arshad, Magistrate First Class, Multan, be stayed under section 186, Cr. P.C. and inquiry be held as against the petitioner so that the respondents should not be made to suffer reputation wise as well as financially in attending the appearances at Multan. Furthermore, it is prayed in this application that the inquiry should be held against the petitioner so that he could be proved to be a liar. It is contended before me by learned counsel that the District Magistrate, Dera Ghazi Khan, without realizing that he could not proceed in the matter under sec tion 186, Cr. P. C. and that there did not exist any such section as 186-A, Cr. P. C. summoned the record of this case from the Court of Sh. Muhammad Aslam Arshad, Magistrate First Class, Multan, and also summoned the petitioner to appear in his Court. The District Magistrate had no jurisdiction to do so and, therefore, it is submitted by learned counsel that the proceedings initiated by the aforementioned respondents as against the petitioner purported to be under section 186 or 186-A, Cr. P. C. and pending at present before the District Magistrate, Dera Ghazi Khan, be quashed.

I have heard learned counsel. The provisions of section 186, Cr.P.C. are not applicable to the application filed by the aforementioned respondent the Court of the District Magistrate, Dera Ghazi Khan. There is C also no such section as 186-A, Cr. P. C. where under the District Magis trate, Dera Ghazi Khan, could proceed Consequently, the entire pro ceedings, which are pending in the Court of the District Magistrate, Dora, Ghazi Khan in respect of the petition filed by the aforementioned respon dents as against the petitioner, are illegal and the District Magistrate, Dera Ghazi Khan, has neither any authority, nor jurisdiction to proceed with the matter or to summon the record from the Court of the Magis trate First Class, Multan, or to send notice to the petitioner. It is perhaps that these proceedings could not be defended at law that the respondents despite notice did not enter appearance today, nor ate represented by any counsel. May be they are aware that these proceed ings are illegal and, therefore, they are not interested in pursuing the same. I have, therefore, as stated above, proceeded against them ex parte. Learned counsel for the State also agrees with me that there is no such section as 186-A, Cr. P. C. and that the proceedings cannot be initiated under section 186, Cr. P.C. before the District Magistrate, Dera Ghazi Khan, in the circumstances of the case. The result is that since the District Magistrate, Dera Ghazi Khan, is not competent to proceed op the application of the aforementioned respondents as against the petitioner and at present pending in his Court, I hereby quash these proceedings as without any lawful authority and illegal. The record of this case should be sent back to Sh. Muhammad Aslam Arshad, Magistrate First Class, Multan who should proceed with the matter expeditiously in accordance with the law and dispose of the same. This petition is accepted.

Petition accepted.

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