Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous Nos. 298 (Karachi) and 523 (Sukkur) of 1984, decided on 28th January, 1985.
‑‑‑Ss. 561‑A, 107 & 112‑‑Quashing of proceedings‑‑Connected case under S. 420, P.P.C. against applicant already stood quashed, eliminating any possible meeting between parties‑‑Even period of 6 months given in notice under S. 112, Cr.P.C. already expired‑‑Besides proceedings having become infructuous in circumstance, no other good ground for maintaining notice, held, made out‑‑Proceedings quashed.
Muhammad Hanif Khan for Applicant.
Zawar Hussain Jafferi, A.A.‑G. with Gul Bahar Korai for the State.
Date of hearing: 28th January, 1985.
Ghulam Rasool and his brother Abdul Waheed have filed this revision under section 561‑A, Cr.P.C. for quashment of the proceedings pending against them under section 107, Cr.P.C. before the learned Mukhtiarkar and F.C.M., Jacobabad.
The facts of the case are these. A direct complaint under section 420, P.P.C. was filed against Ghulam Rasool in the Court of learned A.D.M., Jacobabad and bailable warrant in the sum of Rs.5,000 was issued against him directing him to attend the Court. When in pursuance of this notice from the Court Ghulam Rasool in company of his brother Abdul Waheed appeared in the Court before the A.D.M., Jacobabad, they under a pre planned scheme by the present respondent Ghulam Sarwar booked for creating breach of peace on the allegation that Ghulam Sarwar complainant was threatened by these two brothers for being a witness in the case. A notice under section 112, Cr.P.C. was issued by the learned Magistrate and served upon Abdul Waheed. The following portion of this may be quoted:‑
"You are, therefore, called upon to show cause as to why you should not be ordered to furnish P.R. bond in the sum of Rs.3,000 (rupees three thousand) only with one surety solvent in the like amount for maintaining peace during the period of six months to the satisfaction of this Court."
Proceedings under section 420, P.P.C. pending against Ghulam Rasool have been quashed by me and now the, a is no chance of these two going to Jacobabad at all. Moreover, the period of six months given in the notice, dated 21st of January, 1984 has long ago expired and, as rightly pointed out by the learned A.A.‑G. and Mr. Gul Bahar Korai appearing for the State, that this application becomes infructuous. Even otherwise there seems to be no good ground for maintaining the notice. Proceedings if still pending are quashed.
S.G.D. Proceedings quashed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer