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---S. 561-A--Quashing of proceedings--Proceedings under section 145, Cr.P.C.--Assistant Commissioner/ S.D.M. only issuing notice to parties and accused filing written statement--Evidence not yet recorded and proceedings could not be termed illegal at this stage as no irregularity illegality pointed out--Civil cases between parties to be decided independently--Proceedings under section 145, Cr.P.C., held, would continue and Trial Court might decide and dispose of same on merit- Application for quashing dismissed.

Faizanul Haq for Applicants.

K.B. Bhutto for the Complainant.

Ali Bakhsh Leghari for the State.

This application under section 561-A, Cr.P.C., has been filed whereby it is prayed that proceedings under section 145, Cr.P.C. pending; in the Court of Assistant Commissioner and S.D.M. Malir be quashed.

2. The brief facts of the case are that respondent Amir Ali filed ah application under section 145, Cr.P.C. in the Court of A.C. and S.D.M. Malir, Karachi on 31st August, 1983, wherein he has stated that he is a tenant and in possession of Quarter No. 11, situated in M.A. Saleh Building, Survey No. 870, 871 and 875 Deh Thano Tappo Malir, Karachi and he pays rent regularly to the Rent Collector of the landlord since 1957. The applicants are residents of Muslimabad and it is alleged that they have forcibly occupied 7 shops belonging to respondent No. 1, which he constructed in the month of June and has spent a huge amount of Rs.25,000 on the construction of the shops. The respondent reported the matter to the police and no action was taken. He being aggrieved filed application under section,145, Cr.P.C. before the Magistrate as stated above and prayed that accused be desisted from forcible occupying the premises and there his apprehension of breach of peace.

The Asstt. Commissioner and S.D.M. Malir, Karachi forwarded is to the Malir Police and on his report he issued notice on the applicants who appeared and filed written statement.

4. Now the applicants have filed this application for quashment wherein they have stated that applicants No. 1 and 2, have filed Civil Suits which are pending before Vth civil Judge, Karachi, therefore, A. C. and S. D. M. Malir has no jurisdiction to proceed with this case against the applicants. .

5. I have heard Mr. Faizanul Haq Advocate for the applicants. He has contended that since the Civil Suits are pending these proceedings under section 145, C.P.C., are not competent and be quashed He has cited few cases where Civil and Criminal proceedings were pending but cases were distinguishable. He has not been able to point out any illegality or irregularity in the proceedings. He has also failed to furnish copy of the impugned order against which he come for quashment.

6. Mr. K.B., Bhutto, Advocate for the respondent No. 1, has argued that civil cases are of independent nature and these cases are no relevancy. He has also cited 1982 Pakistan Criminal Law Journal, page 1090, Karachi wherein it has been held that proceedings not be quashed on the ground that Magistrate has not recorded is reasons for initiating the proceedings.

7. Mr. Ali Bux Leghari, Advocate for the State does not support the quashment and argued that proceedings under section 145, Cr.P.C., are competent.

8. At this stage the learned Assistant Commissioner and S.D.M. Malir has only issued notice to the parties and the applicants have filed written statement. The evidence has not been recorded, therefore, it is too early to say that proceedings are illegal. No irregularity or illegality has been pointed out and the civil cases are to be decided independently. I find no merit in this application which is accordingly dismissed. The proceedings under section 145, Cr. P. C. will continue' and trial Court may decide and dispose of on merits.

M. Y. H. Quashment declined.

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