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Criminal Miscellaneous No.4440 of 1969, decided on 29th April; 1984.

Criminal Procedure Code (V of 1898)--

---S.561-A--Quashing of proceedings--Complaint pending before Magistrate--Matter being 15 years old based on private complaint appearing to be counter-blast of proceedings against complainant and his son--Complainant not attending Court in spite of notices---No useful purpose, held, would be served to allow proceedings in a complaint to proceed after lapse of 15 years--Proceedings pending before trial Court quashed in circumstances.

Khan Hamid Ali Khan Sherwani for Petitioners.

Akhtar Shabbir A.A.-G for the State.

Date of hearing: 29th April, 1984.

Noor Muhammad, on 2-4-1969, filed a private complaint against Mst. Rashidan, Aziz Ahmad, Rashid Ahmad, Kallu Khan and Naseer Ahmad, all residents of Shikarpur District Sukkur, in Sind Province, under section 380/454/149/34, P.P.C. It was alleged by the complainant that he married his son Nisar Ahmad to Mst. Akhtari daughter of Mst. Rashidan--accused about three years prior to the filing of the complaint. There was some difference between the two which resulted in dissolution of their marriage through Court. It was stated in the complaint that a false complaint was filed against the son of Noor Muhammad-complainant at Shikarpur. He was arrested and was lodged in the Jail for about two months in that complaint. The complainant- Noor Muhammad was also involved in that case and he also had to remain in the jail for some time. It is alleged that when the complainant and his son were in Shikarpur Jail, all the five accused came to Lahore, broke open their house and took away ornaments, clothes etc. valuing Rs.4,000. The complainant came to know of this when he was released from jail. The learned trial Magistrate summoned the accused after recording some preliminary evidence. Against the said order of Magistrate the present petition for quashing the proceedings was filed in the year 1969 on the allegation that the complaint was mala fide, that the complaint was a counter-blast to the criminal proceedings pending against Noor Muhammad complainant and his son in Shikarpur.

2. I have gone through the record of this case and have heard the learned counsel. Noor Muhammad was sent notices but he did not attend this Court on any of these hearings. It is a 15 years old matter based on a private complaint, which apparently appears to be a counter-blast of the proceedings against the complainant and his son in Shikarpur. In view of the above, I find that no useful purpose will be served to allow the proceedings in a complaint to proceed after a lapse of about 15 years. The result is that this petition is accepted and the proceedings of complaint No.412/1 of 1969, which were pending in the Court of Waheed Ahmad, Magistrate 2nd Class, Lahore, are quashed.

S. A.

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