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Criminal Miscellaneous Application No. 1040 of 1980, decided on 25th December, 1982.

-- Ss. 561-A. 112 & 107/117 - Quashing of proceedings--Civil litigation between parties ending with no possibility of breach of peace-Orders under S. 112, Cr. P. C., not passed by trial Court in spite of orders by appellate Court and proceedings pending for last two years--Continuance of proceedings against accused abuse of process of Court-Proceedings quashed.

Talmiz Burney for Petitioner.

Makhdoom Wali for the State.

Date of hearing: 25th May, 1982.

Learned counsel for the petitioners has pointed out, that in spite of order dated 11th November, 1980 of the Additional Sessions Judge, Karachi, to pass fresh orders under section 112, Cr. P. C., learned trial Court has passed no orders and the proceedings have been pending since then, against the petitioners under sections 107/117, Cr. P. C. and consequently this amounts to abuse of the process of the trial Court. Learned counsel further submitted, that the civil litigations between the parties have ended except for execution proceedings and now there is no possibility of breach of peace between the parties, after the lapse of over two years and this is perhaps the reason why the learned trial Court has not even passed orders under section 112, Cr. P. C., till today.

2. Learned counsel appearing for the state agrees with the above contentions of the learned counsel for the Petitioners. However, he submits that initiating of the proceedings were fully justified, but now after the lapse of 2 years and since no orders under section 112, Cr. P. C. have been passed, after the remand of the case by the Additional Sessions Judge, Karachi to the learned trial Court, continuance of these proceedings would amount to abuse of the process of the trial Court.

3. I have taken into consideration the above submissions made by the learned Advocates before me and have gone through R and P of the trial Court. I do not find any orders under section 112, Cr. P. C. passed by the learned trial Court, in spite of orders, dated 11th November, 1980 of the Additional Sessions Judge, Karachi. In view of this, it seems, that there is no likelihood of breach of peace between the parties and these proceedings have been pending for nearly 2 years and as such continuance of these proceedings in the absence of any orders under section 112, Cr. P. C., would amount to the abuse of the learned trial Court and as such I quash the proceedings pending against the applicants, under section 107/117, Cr. P. C. in the Court of Assistant Commissioner and S. D. M., Liaqatabad, Karachi and discharge the bail bonds executed by the Petitioners.

M. Y. H. Proceedings quashed.

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