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Criminal Miscellaneous No. 209/Q of 1983, decided on 20th March, 1984.
---S. 174--Criminal Procedure Code (V of 1898), S. 561-A--Quashing of proceedings--Show-cause notice, for initiation of proceedings under S. 174, P.P.C. validity of--Contention that once evidence of a witness stood recorded, no justification remained for taking proceedings thereafter under S. 174, P.P.C.--Contention, held, correct--Proceedings quashed, in circumstance.
Salim Ahmad Malik for Petitioner.
Imtiaz Ahmad for the State.
With the assistance of the learned counsel for the State I have gone through the record. It appears that after the evidence of Zakal A. Malik, Handwriting Expert, petitioner, was concluded on 13-8-1983, the trial Magistrate, respondent, issued a notice to the petitioner on, 25-8-1983 under section 90, Cr.P.C. read with section 174, P.P.C. Learned counsel for the State concedes that once the evidence of the petitioner stood recorded, no justification remained for taking any proceedings thereafter under the said sections. In these circumstances this petition is accepted and the proceedings commenced by Mian Saeed Akhar, M. I. C., Sialkot, respondent, against the petitioner under section 90, Cr.P.C. read with section 174, P.P.C. are hereby quashed.
S. G. D. Proceedings quashed.
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