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MUHAMMAD SHARIF versus ALI JAN


Criminal Code of Conduct (CRPC) Section 616161 During the crisis proceedings of the proceedings before the magistrate is summoned by the Ilaka Magistrate, the appropriate trial, hearing, application under section 249A, CRPC. Had to approach the trial court.

1985 M L D 1071 (1)

[Lahore]

Before Qurban Sadiq Ikram, J

MUHAMMAD SHARIF and 6 others--Petitioners

versus

ALI JAN and another--Respondents

Criminal Miscellaneous No. 858/M of 1984, decided on 5th February, 1985

Criminal Procedure Code (V of 1898)-

---S.561-A--Quashing of proceedings before Illaqa Magistrate Petitioners summoned by Illaqa Magistrate in complaint case--Proper course, held, was to first approach trial Court with application under S. 249-A, Cr.P.C.--Petition for quashing dismissed.

Rana Ijaz Ahmad Khan for Petitioners.

Respondent No. 1 in person.

Masood ul Hassan Sabiri for the State.

ORDER

From a perusal of the record I find that the petitioners did not approach the trial Court under section 249-A, Cr.P.C. before coming to this Court for quashment of proceedings. This fact was not brought to my notice at the time of admission of the petition.

2. In my view it will be proper if the petitioners first approach the trial Court with an application under section 249-A, Cr.P.C. In view of this Criminal Miscellaneous No. 858/M of 1984 stands disposed of.

S.A.

Petition dismissed.

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