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Criminal Miscellaneous Application No. 218 of 1982, decided on 25th April, 1982.
‑‑Ss. 561‑A & 249‑A‑Quashing of proceedings‑Petitioner seeking quashing of proceedings on account of delay in examination of sole eye‑witness‑Trial Court directed to examine witness and if not available dispose of application under S. 249‑A within three months from date of communication of order.
Moinuddin Ahmad for Petitioner.
It was pointed out to the learned Advocate that according to the deposition of Muhammad Salim, perhaps the only eye‑witness to the incident is Muhammad, and the said Muhammad not having been examined yet, no order could be passed one way or the other.
In these circumstances, Mr. Moinuddin made a grievance of the delay in the disposal of the case.
Looking to the nature of the allegations, and the stage of the case, I am not inclined to admit this petition, and even Mr. Moinuddin desires to withdraw the same, subject to the following directions :‑
(1) That the trial Court shall examine P. W. Muhammad forthwith and if the said witness is not available, the trial Court shall consider the Application under section 249‑A, Cr. P. C. which has been made by the petitioner, and is pending before the Magistrate.
(2) It shall be satisfactory if the deposition of Muhammad is recorded, but if he is not available, then the Application under section 249‑A, Cr.P.C. is disposed of within three months from the date this order is communicated to the Magistrate.
The application is dismissed but subject to above observations.
M.A.K. Order accordingly.
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