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ANWARUL HAQ KHAN versus STATE


Criminal Code of Conduct (CRPC) Section 616161 A Contempt of the Conduct (XLV of 1860), Section 420/447 of the 1978 Trial Trial Case filed by the defendant in relation to the same matter for which the beneficiary The purpose, action will be taken if there is no dismissal. At such a stage, the proceedings pending against the applicant in the court magistrate were suspended under the circumstances.

1986 M L D 1930(1)

[Lahore]

Before Javid Iqbal, C J

ANWARUL HAQ KHAN--Petitioner

versus

THE STATE and 2 others--Respondents

Criminal Miscellaneous No.353-Q of 1978, decided on 29th September, 1985. .

Criminal Procedure Code (V of 1898)--

---S.561-A--Penal Code (XLV of 1860), S.420/447--Quashing of proceedings--Matter pertaining to year 1978--Civil suit regarding same matter filed by respondent having been dismissed no useful purpose, held, would be served by proceeding against petitioner at such belated stage--Proceedings pending in Court of Magistrate were quashed in circumstances.

Hasnat Ahmed and Dr. Khalid Ranjha for Petitioner.

Najam-uz-Zaman, Asstt. A.-G. with Walayat Umar for the State.

ORDER

This is a petition under section 561-A, Cr.P. C. for quashment of proceedings pending against 'the petitioner in the Court of M.I.C. Lahore under section 447/420, P.P.C. It is an old matter of 1978 and learned counsel states that the suit between the parties pertaining to the said land has also been disposed of by the civil Court. It is submitted that respondent had filed the civil suit pertaining to the same land in respect of which criminal allegations were levelled against the present petitioner but not only her civil suit had been dismissed but also her application for stay had been dismissed. Copies of the same have been placed on the record. Be that as it may, this being an old matter no useful purpose will be served to proceed against the petitioner at this belated stage. In that view of the matter the proceedings pending against the petitioner under the aforesaid sections in the Court of M.I.C. Lahore are hereby quashed. The petition is disposed of.

S.A.

Proceedings quashed.

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