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Criminal Revision No.241 of 1970, decided on 19th March, 1985.

---S. 438‑‑Penal Code (XLV of 1860), S.420/34‑‑Quashing of order summoning accused/petitioner‑‑Dispute between parties of a civil nature and Magistrate summoning accused and his companions to face trial under S.420/34, Penal Code‑‑Order of Magistrate quashed.

Abdullah Khalid for the State.

Date of hearing: 19th March, 1985.

This is a reference under section 438, Cr. P. C. by an Additional Sessions Judge of Lahore, recommending the quashment of the order of the Cantonment Magistrate, Lahore, dated 15‑6‑1968, summoning Syed Sultan Ali Shah, the present petitioner, and others to face their trial under section 420/34 P.P.C.

2. The Tablak file shows that registered A.D. post cards were issued to the petitioner and the respondent for today's date of hearing, but nobody has turned up.

3. With the assistance of the learned counsel for the State, I have gone through the file. The learned Additional Sessions Judge is correct A in his finding that the dispute between Ghulam Muhammad Khan, complainant, on one hand, and Syed Sultan Ali Shah, the present petitioner, and other co‑accused, on the other, is of a civil nature and that the Magistrate should not have summoned the petitioner and his companions to face their trial in respect of a civil matter.

4. For the foregoing reasons, this petition is accepted and the order of the Cantonment Magaistrate, Lahore, dated 15‑6‑1958, summoning Syed Sultan Ali Shah, petitioner, and others to face their trial under section 420/34, P.P.C. is hereby quashed.

M.Y.H. Petition accepted.

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