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Criminal Miscellaneous Application No.541 of 1982, heard on 14th April, 1986.
‑‑‑Ss.249‑A & 561‑A‑‑Penal Code (XLV of 1860), S.406‑‑Quashing of proceedings‑‑ Direct complaint pending in Court‑‑Application under S.249‑A, Cr.P.C. dismissed‑‑Civil suit pending‑‑Criminal proceedings, held, could be stayed till civil proceedings for same cause of action were terminated‑‑Criminal proceedings stayed in circumstances with direction to proceed as soon as civil proceedings were terminated.
1969 S C M R 411; 1971 P.Cr.L.J. 331; 1982 S C M R 85 and 1974 P.Cr.L.J. 541 ref.
Usman Ghani Rashid for Applicants.
Elahi Bux M. Sheikh for Respondents.
Date of hearing: 14th April, 1986.
This application under section 561‑A, Cr.P.C. has been filed to seek quashment of proceedings pending under section 406, P.P.C. in the Court of Civil Judge and F . C . M . Badin.
The case is that direct complaint under section 406, P.P.C. was filed by Haji Haroon against applicants in the Court of Civil Judge and F.C.M., Badin who after holding preliminary enquiry registered the case and issued bailable warrants against the applicants. They filed quashment application bearing No. Criminal Miscellaneous 947 of 1980 which was dismissed as withdrawn. Applicants then moved trial Court as provided under section 249‑A, Cr.P.C. but their application was dismissed and again they have filed this application.
Mr. Usman Ghani Rashid for the appellants contended that before this direct complaint, a civil suit was filed which is pending, therefore, in view of cases 1969 S C M R 411, 1971 P.Cr.L.J. 331, 1982 S C M R 85 and 1974 P.Cr.L.J. 541 the proceedings instituted before criminal case could be stopped.
Mr. Ellahi Bux Shaikh appearing for the respondent No.2 who is complainant submitted that civil suit has been decided and appeal is pending. He has no objection if proceedings of this case are stayed.
In view of the legal position and contentions of the learned counsel it is directed that criminal proceedings in this case are stayed but trial Court can proceed with the case as soon as civil proceedings for the same cause of action which are pending are terminated.
With these observations the application is disposed of.
S.A. Petition dismissed.
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