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Criminal Miscellaneous No. 257-Q of 1980, decided on 4th October, 1980.
---S. 561-Quashment of proceedings -Petitioner summoned by Magistrate to stand trial in his Court but not appearing before him-Petitioner, held, must first appear before Magistrate and explain his position both on factual and legal plane and it is only when he fails in Magistrate's Court that he can be allowed to invoke High Court's Jurisdiction under S. 561-A.
-- S. 498-Bail-Non-bail able warrant of arrest issued against accused without first issuing bailable warrant-Petitioner in circumstance apprehending to be subjected to humiliation of arrest before being enabled to present his case to trial Court-Petitioner admitted to bail.
A. Karim Malik for Petitioner.
Abdul Aziz Qureshi for the State.
The petitioner has been summoned by Mr. Muhammad Yaqoob, Magistrate, to stand trial in his Court. The petitioner seeks quashment of the proceedings initiated against him on several grounds both factual and legal. But it is an admitted fact that the petitioner has not so far appeared before the Magistrate who summoned him. 1f according to the petitioner the Magistrate is not authorized to take cognizance of the offence, allegedly committed by the petitioner, for one reason of another or if the petitioner can show that on the facts alleged he is not guilty of A any offence, he should appear before the Magistrate in the first place and explain his position both on the factual and the legal planes. It is only when he fails there that he may be allowed to invoke the jurisdiction o this Court under section 561-A, Cr. P. C.
2. From the record, however, it appears that non-bailable warrant of arrest was at one stage issued to procure the petitioner's attendance Court without bailable warrant having been issued in the first instance On account of this circumstance the petitioner is afraid that he will be subjected to the humiliation of arrest before he is in a position to present his case to the trial Court. The petitioner is therefore, admitted to bail in the sum of Rs. 50,000 with one surety in the like amount to the satisfac tion of Mr. Muhammad Yaqoob Magistrate Ist Class (respondent No. 2) before whom he is directed to appear on 11th October; 1980. Prayer for quashment is hereby rejected as being premature. The petition under section 561-A, Cr. P. C. stands disposed of accordingly.
Order accordingly
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