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Criminal Miscellaneous No. 777 of 1979, decided of 4th February, 1980.

--- S. 561-A-Quashment of proceedings-Magistrate after making preliminary inquiry finding prima face case established -Quashment of proceedings sought on ground of allegations against petitioner accused being false-Defence of applicant not yet proved-Mere allegations in application, held, cannot lead to conclusion of complaint being false particularly when preliminary inquiry revealed a prima facie case against applicant--Penal Code (XLV of 1860), Ss. 420 & 406.

Abdul Latif Channa for Applicants.

B. M. Bangash for Respondent No. 1.

On June 2, 1978, respondent No. 1, Abdul Qadoos, resident of Kandiaro, District Nawabshah, filed a complaint under sections 420 and 406, P. P. C. in the Court of Civil Judge and First Class Magistrate, Kandiaro, alleging that the three applicant-accused represented to him that applicant Muhammad Anwar was working as an agent to send persons to the Middle East to get jobs, that in about April 1979, the applicants met the respondent at Kandiaro, took Rs. 5,000 from him and his international passport to get him visa for Saudi Arabia and to fix him in a job there, that, ultimately, the applicants misappropriated the money and did not send the respondent to Saudi Arabia to get him a job. The Magistrate recorded statement of the respondent No. 1 and ordered preliminary inquiry. Respondent examined his witnesses---- Ramzan and Muhammad Din who supported the respondent that the applicant-accused took Rs. 5,000 from the respondent to get him visa for Saudi Arabia and job there. As a result of this inquiry, the Magistrate found that the offence under sections 406 and 420, P. P. C. was prima-facie committed by the applicant-accused, and, issued bailable warrants against them.

This is an application under section 561-A of the Code of Criminal Procedure by the applicant-accused, to quash the proceedings which they allege to be false as the criminal case was filed at the instance of Mr. Bin Yamin, Civil Judge, Shahdadpur, because the applicants were not vacating premises in Karachi which are being looked after by one Banaras Khan brother of Mr. Bin Yamin.

The applicants have yet to prove their defence. Mere allegations in this application will not lead to the conclusion that the complaint lodged by the respondent is false since the Magistrate after holding the preliminary inquiry has found a prima facie case made out against the applicants. Provisions of section 561-A, Cr. P. C. cannot be used to obstruct or divert the ordinary course of criminal procedure. Let the case proceed according to law and let the accused-applicants prove that the case is false.

The application is, therefore, dismissed.

Application dismissed.

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