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Criminal Miscellaneous No. 40‑Q of 1982, decided on 31st May, 1982.

‑‑‑S. 561‑A‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 7‑‑Quashing of proceeding‑‑Neither challan nor discharge report placed before Magistrate even after lapse of ten months and accused being put to hardship of attending Court without any proceedings‑‑Magistrate directed to call for challan from police within a month failing which to proceed according to law.

M.R. Khalid for Petitioner.

Date of hearing: 31st October, 1982.

This is a petition for quashment of F.I.R. No. 23/81, dated 14‑3‑1981 registered at Police Station, Jahanian, under section 7 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. During the arguments the learned counsel has abandoned the prayer for the quashment of F.I.R. and has stated that the petitioner was arrested in the case and was bailed out on 14‑7‑1981 by the Additional Sessions Judge, Multan and despite a period of 10 months having elapsed, neither the challan nor a discharge report, has been placed before Rana Muhammad Azim, Magistrate 1st Class, Khanewal and the petitioner is being put to hardship of attending the Court without any proceedings.

2. In view of the situation it is directed that the Ilaqa Magistrate would call for the challan in the case, if the police has by now made up mind to proceed against the petitioner within a month, failing which he should proceed according to law. A similar direction is given to the A Superintendent of Police, Multan that he would ensure that whatever may be circumstance the challan concerning the petitioner should be put in the Court of Ilaqa Magistrate within the period indicated above. With this observation, the petition stands disposed of.

M.Y.H. Order accordingly .

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