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KARAM KHAN versus KHUDA BAKHSH


Criminal Code of Conduct (CR PC) read with Section 561 Contempt Code (XLV of 1860), Section 107 Procedure Transfer Abetment PITITER allegedly defending a defendant's allegations in patronage, et al. Will not come to terms As described in Section 107, the operation of the PPG has been controlled

1983 P Cr. LJ 2004

[Lahore]

Before Muhammad Munir Khan, J

KARAM KHAN-Petitioner

Versus

KHUDA BAKHSH AND ANOTHER-Respondents

Criminal Miscellaneous No. 6717 of 1980, decided on 14th February, 1982.

Criminal Procedure Code (V of 1898)-

-----S. 561-A read with Penal Code (XLV of 1860), S. 107-Quashment of proceedings -Abetment-Petitioner allegedly an affluent and influential Zamindar, patronizing accused-Allegation per se, held, would not fall within mischief of 'abetment' as defined in S. 107, P.P.G.-Proceedings quashed, in circumstance.

Ijaz Baig Mirza for Petitioner.

Namo for Respondents.

Date of hearing : 14th February, 1982

JUDGMENT

This is application under section 561-A, Cr. P.C. for the quashment of the proceedings under section 497/498/109, P. P. C. pending against Karam Khan petitioner before the M.I.C., Multan.

2. Learned counsel for the petitioner states that it is a case of no evidence.

3. After hearing the learned counsel for the parties and going through the evidence recorded during the preliminary investigation, I find that the only allegation against the petitioner is:

I am afraid, this allegation does not amount to abetment as define under section 107, P. P. C. and, as such the proceedings against the petitioner amount to abuse of the process of the Court. The petition is accepted and the proceedings against petitioner are hereby quashed.

Proceedings quashed.

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