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Criminal Miscellaneous Application.No. 763 of 1981, decided on 9th December, 1981.

‑‑ S. 561‑A‑Quashment of proceedings‑Contention that complaint having not disclosed any offence under Penal Code and matter rela ting to civil litigation coupled with fact of trial being inordinately delayed, and case having been instituted 5 years ago merited quashment--‑Contention urged, held, cannot be considered for purpose of quashment, without recording of some evidence‑--Quash ment of proceedings declined and trial Court directed to close case within 6 months.

Faizanul Haq for Applicants.

Dareshani for the State.

The learned Advocate for the State has pointed out, that applicants have not moved the trial Court under section 265‑K, Cr. P. C. before coming to this Court under section 561‑A, Cr. P. C. and as such the above application is not maintainable in view of the law, as laid down in 1979 S C M R 94. The learned Advocate for the applicants submitted, that it was not necessary for him to go to the trial Court for making application under section 265‑K, Cr. P. C. as the case against the applicants have been pending since 1976 and as such no useful purpose will be served by applicants making such applications. He further pointed out, that the case in question did not proceed at all for initially three years, before the proceedings were stayed and further the complaint does not disclose any offence under the provisions of Pakistan Penal Code and relates to civil litigation between the parties. I have considered the above submissions made by the learned Advocate for the applicants as well as State counsel and have also gone through the F. I. R. which is annexure‑B.

The law laid down by the Honourable Supreme Court in 1979 S C M R 94, no doubt affects the maintainability of the above application, but otherwise also I find from annexure‑B, the complaint in question prima facie there is a case under sections 403, 342 read with section 34, P. P. C. against the applicants and as such without recording of some evidence the contentions urged by the learned Advocate for the applicants cannot be considered, for the purposes of quashment of the proceedings. As far as the delay in disposal of the proceedings before the trial Court, I find that there has been considerable delay and as such I direct the trial Court. A while dismissing the above application, to dispose of the trial in question, within six months from the receipt of the copy of this order, failing which the applicants, after moving necessary application as required by provisions of section 265‑K, Cr. P. C. before the trial Court, will be at liberty to move this Court under section 561‑A, Cr. P. C., once again, if they are so advised.

Petition dismissed.

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