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Criminal Miscellaneous No. 158/Q of 1982, decided on 16th October, 1982.
S. 561-A-Quashment of proceedings - Proceedings of earlier challan case quashed by High Court-Complainant, however, filing private complaint in Court by giving a twist to facts and a new story invented this time-Proceedings quashed, in circumstances.
Ahmad Wabeed Khan on behalf of Abdul Baqi for Petitioner.
Ch. Riasat Ali for Respondent No. 1.
Date of hearing : 16th October, 1982.
Muhammad Din had earlier filed Criminal Miscellaneous No. 65/Q of 1982, which was accepted by this Court, on 30th May, 1982 and the proceedings of the challan case titled State v. Muhammad Din etc. were quashed. The case had been registered on 17th January, 1969. The challan was submitted in Court in June, 1969. It remained pending in Court for nearly thirteen years. The prosecution failed to produce the entire evidence. Mst. Amna Khatoon filed complaint on 14th March, 1982, against the four accused, who already stood challaned in the case and also against Major (Retd.) Muhammad Afzal Mirza, who was a prosecution witness in the challan case and was examined as (P. W. 2). The learned Magistrate vide order dated 11th May, 1982, summoned the five accused for offences under sections 420, 467,. 468, 471/109, P. P. C. Major (Rtd.) Muhammad Afzal Mirza was examined as (P. W. 2) on 12th April, 1975, whereas Mst. Amna Khatoon was examined as (P. W. 3) on 19th May, 1975. It was the case of the prosecution that Mst. Zubeda accused impersonated for Mst. Amna Khatoon. Major (Retd.) Muhammad Afzal Mirza had not supported the prosecution version and deposed in Court that Mst. Zubeda accused present in Court was not the same lady, who got the sale deed registered before the Sub-Registrar, Lahore. Mst. Amna Khatoon had not levelled any allegation against Major (Retd.) Muhammad Afzal Mirza in her statement recorded in the challan case. In the complaint filed before the Magistrate, the case of Mst. Amna Khatoon was that the other accused in furtherance of their common intention with Major (Retd.) Muhammad Afzal Mirza usurped her property and Major (Retd.) Muhammad Afzal Mirza had posed himself to be the bona fide purchaser. It was further stated in the complaint, that Major (Retd.) Muhammad Afzal Mirza, who through his criminal device had received the wrongful gain, was not cited as co accused, rather he was cited as a witness. As stated earlier, Mst. Amna Khatoon had not levelled any allegation in her statement in the challan case and the facts were given a twist and a new story had been invented by Mst. Amna Khatoon. If the proceedings of the complaint case are allowed to continue, it would amount to abuse of process of Court. The petition is accepted and the proceedings of the complaint case are quashed.
Proceedings quashed.
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