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Criminal Miscellaneous No. 790/Q of 1978, decided on 23rd April, 1986.
‑‑‑Ss. 249‑A & 561‑A‑‑Quashing of criminal proceedings‑‑Agreement of sale of land‑‑Civil suit for specific performance of agreement, pending in Court‑‑Other pleas showing abuse of process of law, raised‑ Contentions, held, were not be adjudicated in such proceedings as those could be raised before trial Magistrate under 5.249‑A‑‑Petition dismissed.
Ch. Muhammad Yaqoob Sidhu for Petitioner.
Nemo for the State.
Mushtaq Raj for the Complainant.
A criminal case pending against the petitioner in a criminal Court at Wazirabad which was registered against him at the instance of Fateh Muhammad complainant, is sought to be quashed through this criminal miscellaneous. An agreement, dated 22‑1‑1975 for sale of land, said to have been executed by the complainant, in favour of the petitioner, is the subject‑matter of the criminal case.
2. It is contended that before registration of the criminal case, the petitioner brought a civil suit for specific performance of the agreement aforesaid and till its decision the criminal Court should not have proceeded with the hearing of the criminal matter. Some other pleas have also been urged to show that the registration of the case itself was an abuse of the process of law.
3. These contentions need not be adjudicated upon in these proceedings for these can well be raised by the petitioner before the learned trial Magistrate in pursuance of the provision of section 249‑A. Cr.P.C. If such an application is made, it shall be decided before embarking upon the hearing on merits.
With these observations, the criminal miscellaneous is disposed of.
S.A. Petition dismissed.
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