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Writ Petition No. 2627 of 1975, decided on 5th March, 1983.

‑‑---S. 561‑A read with S. 249‑A ‑Constitution of Pakistan (1973), Art. 199‑Quashing of proceedings ‑ Quashing of proceedings, pending disposal before a Magistrate, sought on ground that action taken against petitioner was patently illegal and without authority‑ Contention that adequate remedy being available to petitioner under S. 249‑A, Cr. P. C., for relief prayed for and no special circumstances having been canvassed for seeking, remedy under S: 561‑A, Cr. P. C., petition under S. 561‑A could not be entertained‑Contention, held, having force‑‑Quashment declined, in circumstances.

Amjad Ahad Sheikh for Petitioner.

Iftikhar Ahmad, Dy. Attorney‑General for the State.

Arshad Ahmad Qureshi for the Complainant.

Date of hearing : 5th March, 1983.

This petition under Article 199 of the Constitution of Islamic Republic of Pakistan read with section 561‑A. Cr. P. C. seeks the quash ment of the proceedings in the case titled "The State v. Rashid Ahmad Gardee" under sections 420/468 and 471, P. P. C. pending in the Court of Mr. Basharat Ullah Magistrate First Class, Lahore.

2. The facts necessary for the purposes of this petition, briefly stated, are that the petitioner is the General Manager of the W. Punjab Textile Mills situated at Wagha Road, Lahore. It has been asserted that a complaint was made by the office‑bearers of the Trade Union of the aforesaid Mills to the then Finance Minister of the Federal Government that the petitioner in collusion with others was evading the payment of excise duty. This complaint was made the basis of an F. I. R. of the case registered against the petitioner. The number of the F. I. R. is 52 of 1974 and the same was registered with Special Police Establishment. The offences with which the petitioner has been charged are under section 420/ 468%471, P. P. C. and section 5(2) 47, P. C. A.

It has also been asserted that the house of the petitioner and the Mills premises were searched by the Police without serving upon the petitioner any search warrant. In consequence of the aforementioned F. I. R. the challan was put up in the Court of a learned Magistrate First Class, Lahore some time in October, 1975 whereupon the petitioner filed the present petition impugning the action of search of his residence and Mills premises and for seeking quashment of the proceedings before the learned Magistrate on the basis of the same being illegal and without lawful authority.

3. The learned Deputy Attorney‑General has raised a preliminary objection. He has contended that in view of the addition of section 249‑A in the Criminal Procedure Code by virtue of the Code of Criminal Pro cedure (Amendment) Ordinance, 1977 (Ordinance XXXVI of 1977) an adequate remedy has since become available to the petitioner for relief as claimed in this petition and as such the present petition does not merit to be entertained any longer.

4. The learned counsel for the petitioner has nothing to urge against this contention. He could only state that the action impugned in the present writ petition is patently illegal.

5. Having considered the matter I find that the preliminary objection raised by the learned Deputy Attorney‑General has force. I find that another adequate remedy has since become available to the petitioner for claiming the relief which has been prayed for in, this petition by having recourse to proceedings under section 249‑A, Cr. P. C. No special circumstance‑ has also been: canvassed to show as to why the afore mentioned remedy cannot be availed of by the petitioner. That being so, the preliminary objection raised by the learned Deputy Attorney-General is sustained and this petition is disposed of, with no order as to costs.

The petitioner, if so advised, may avail of the remedy under section 249‑A, Cr. P. C. and the disposal of this petition shall not be any impediment in the way of the learned trial Magistrate to that application on its own merits.

S.G.D. Petition dismissed

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