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Criminal Miscellaneous No. 279 of 1976, decided on 4th June, 1985.
‑‑‑S. 561‑A‑‑Quashing of proceedings‑‑Petition, seeking quashing of proceedings, pending against petitioner under S. 406/420, P.P.C. admitted for full hearing about nine years back‑‑No useful purpose, held, would be served to proceed against petitioner at such a belated stage‑‑Proceedings quashed, in circumstance.
Allah Wasaya Malik for Petitioner.
Nemo for Respondent.
This is a petition under section 561‑A, Cr. P. C. for quashment of proceedings pending against the petition under section 406/420, P.P.C. in the Court of M.I.C. Okara. Learned counsel states that the petition was admitted for full hearing in 1976 for the main reason that the petitioner belonged to Jaranwala District Lyallpur and that he did not even know the respondent who had filed a false complaint against the petitioner at Okara in order to harass him. It is submitted that in the complaint it is alleged that the petitioner borrowed six gold bangles, Gluband, etc. from the respondent on the pretext that the marriage of the petitioner's daughter was ensuing and that the ornaments would be returned to the complainant a month after the marriage. It is alleged that the ornaments were handed over to the petitioner in the presence of Mushtaq and Zafar Ali. Thereafter it is alleged that the respondent found out that no marriage of the petitioner's daughter had taken place and that the ornaments had been misappropriated. It is contended that the complaint is frivolous and it was an abuse of process of the Court. Neither the respondent is known to the petitioner nor the witnesses who are mentioned by him. The petitioner is a respectable of his area and this litigation has been initiated against him possibly at the instigation of his rivals, namely, Sardar Ahmed and Riaz Ahmed sons of Haji Ali Muhammad of his village. Be that as it may, it is an old matter of 1976 and no useful purpose will be served to proceed against the petitioner at this belated stage. In that view of the matter A the proceedings pending against the petitioner under the aforesaid sections in 'the form of a private complaint instituted by the respondent in the Court of M.I.C. Okara are hereby quashed. This petition is disposed of.
S. G. D. Proceedings quashed.
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