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Criminal Miscellaneous No.20 of 1987, decided on 24th June, 1987.
---S.561-A--Penal Code (XLV of 1860), S.506(2)--Quashing of proceedings--Case registered against accused after four days of incident and delay not explained--Accused highly qualified and law graduate; dragged in criminal case with a view to pressurise them in a matter for which civil litigation already going between parties- Proceedings quashed.
Ali Nawaz Dahraj for Applicants.
Salman Ansari for the State.
Ahmad Khan Barakzai for Respondent No.2.
Date of hearing: 26th May, 1987.
This is an application under section 561-A, Cr.P. C. filed by Mir Muhammad and others for quashment of the proceedings pending against them under section 506(2), PPC in the Court of Additional City Magistrate, Naushahro Feroz.
Briefly the facts of the case are that on 14-12-1986 complainant Ghulam Muhammad alongwith Ghulam Rasool Lashari, Shah BRig Magsi, Arzi Khoso and Hashim Chandio went to visit the land and found Mir Muhammad Hyder ftamzan, Atur Khaskheli with hatchets and Lathies sitting on the land. They threatened Ghulam Muhammad not to pass through the land otherwise, he would be killed and not be spared.
Due to fear complainant and other persons came back and made an application to D.S.P. Naushahro Feroz. The case war, 'registered and applicants were challaned.
The application under section 249-A, Cr.P. C. was moved before the trial Court, the same was dismissed by order dated 17-2-1987.
Mr. Ali Nawaz Dahraj learned counsel appearing for the applicants contended that case was filed due to enmity as civil cases are pending between the parties therefore complainant wants to harrass applicants by filing false cases. It is also argued that the case under section 506, PPC is not made out. He has referred to the cases reported in 1985 P Cr. L J 103 and 1985 P Cr. L J 773.
Mr. Suleman Ansari, learned counsel appearing for the State argued that case has not proceeded and application for quashment is premature.
Mr. Ahmed Khan Barakzai, learned counsel appearing for the complainant is not present nor any request is made for adjournment. Respondent is also called absent.
The incident as alleged took place on 14-12-1986 but the case was registered on 18-12-1986 when police station is at the distance of four furlongs from the place of Vardat. The delay has not been properly explained. The complainant Ghulam Muhammad as it appears from the memo. of application was Police Inspector and well-conversant with the legal implications but in spite of that he did not lodge report at the police station Naushahro Feroz and made an application to the DSP Naushahro Feroz. The applicant in support of this application has filed copy of plaint of First Class Civil Suit No.124/70 in which complainant Ghulam Mohammad is shown as respondent. From the above facts it is clear that there is civil litigation between the parties. From the record it appears that no action under section 107, PPC was taken against the applicants by DSP nor complainant did care to get the case registered on the very day. It is also argued that applicant Mir Muhammad is highly qualified and law graduate therefore he cannot take the law into his own hands as he has filed civil suit No.158/86 which is pending in the Court of Sr. Civil Judge, Naushahro Feroz. Moreover, on perusal of the, very first information report it is doubtful whether the case comes within the ingredients of section 503, P.P.C. as there is general allegation against all the accused that they threatened the complainant not to come to the land. The fact is that applicant Ali Muhammad has filed civil suit against respondent and there is a dispute over the possession and title of law between the parties. I am of the view that the applicants have been dragged in this criminal case with a view to pressurise them in the matter for which civil litigation is going on therefore the case of quashment for proceedings has been made out, I therefore allow this application filed under section 561-A,. Cr.P.C. In the result the proceedings pending against the applicants under section 506(2), PPC in the Court of Additional City Magistrate, Naushahro Feroz are quashed.
It is made clear that this order will not effect the merits of the civil suit which is pending and it is to be decided on evidence and according to law. Looking to the circumstances of the case, the learned Sr. Civil Judge, Naushahro Feroz is directed to dispose of the civil suit No.158/86 pending between the parties as early as possible. Copy of this order be also sent to the learned Sr. Civil Judge, Naushahro Feroz.
M.Y.H./M-173/K Proceedings quashed.
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