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Criminal Miscellaneous No. 488 of 1978, decided on 15th September, 1985.

‑‑‑Ss. 561‑A, 200 & 202‑‑Penal Code (XLV of 1860), S.380‑‑Quashing of proceedings‑‑Private complaint‑‑Magistrate without examining complainant as well as his witnesses on preliminary basis sending complaint under S.202, Cr. P.C. to police for holding an inquiry‑ Procedure adopted by Magistrate, held, vas illegal‑‑Neither complainant nor his counsel appearing in High Court on date of hearing Proceedings quashed in circumstances.

Ali Muhammad v. Bagh Ali 1977 P Cr. L J 891 and Abdul Majid v. Muhammad Mansur Ali 1969 P Cr. L J 692 rel.

M.A. Zafar for Petitioner.

Nemo for Respondents.

Date of hearing: 15th September, 1985.

This is a petition under section 561-A. Cr.P.C. for quashment of proceedings under section 380, P.P.C. pending against the petitioner by way of private complaint instituted as against him by Raja Haq Nawaz respondent and at present pending in the Court of Illaqa Magistrate Sargodha. The State has been deleted in this case and in the cause list the name of counsel for the respondent has appeared as Mr. Mughees Mazher Advocate. He is not present today although his name has been shown in the cause list. The legal point on which this petition had been admitted was that the Magistrate fin this case without examining the respondent‑complainant as well as the witnesses on preliminary basis sent the complaint under section 202, Cr.P.C. to the police for holding an inquiry and that the procedure adopted by him was illegal. Learned counsel had placed reliance on Ali Muhammad v. Bagh Ali 1977 P Cr. L J 891 and Abdul Majid v. Muhammad Mansur Ali 1969 P Cr. L J 692. In Ali Muhammad v. Bagh Ali it was laid down that it is necessary to examine the complainant before directing inquiry under section 202, Cr.P.C. and that order passed by the Magistrate forwarding complaint without recording statement of the complainant was held to be without jurisdiction and not for forming basis for further action. In Abdul Majeed v. Muhammad Mansur Ali it was held that order for judicial inquiry under section 202. Cr.P.C. without examining the complainant under section 200, Cr.P. C. was contrary to law and that proceedings of such inquiry and order passed thereon were held to be void and without any legal effect. Apparently the record in corroborating the stand taken by, learned counsel for the petitioned and it was for this reason that the main petition for quashment was admitted to full hearing. As I have pointed out above, the other side has not entered appearance today at all despite the fact that the case was called and it is already 11‑45 a.m. Since alone on the legal point B raised in this case this petition in liable to be accepted. I accept the same and quash the proceedings under section 380, P.P.C. pending against the petitioner by way of private complaint instituted by the respondent as against him and at present pending in the Court of Illeqa Magistrate Sargodha. This petition is disposed of.

H.A.K. Proceedings quashed.

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