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Criminal Miscellaneous Application No.18 of 1987, decided on 24th February, 1987.
---S.561-A--Penal Code (XLV of 1860).S.307/148/149--Quashing of proceedings--Although case instituted in Trial Court yet proceedings not commenced--Quashing of proceeding at such stage, held, premature--Applicant, however, may renew his application alter examination of complainant, injurRd prosecution witness and medical witness.
Applicant in person.
Salman Ansari for the State.
Date of hearing: 24th February, 1987.
The present application arises out of a case filed by one Mr. Hussain on 9-6-1985 under sections 307, 504, 323, 147, 148, The allegations in the F.I.R. are that he resides in Jabbar 1, Block-D, Sher Shah Colony, Karachi. Mr. Attaullah s/o Hidayatullah has installed Power Looms in Gali No.31, Sher Shah Colony. One Mr. Muhammad Akram filed a complaint under section 133, Cr.P.C. in the Court of Sub-Divisional Magistrate Nazimabad Karachi, which is still sub judice. On the day of incident the S.D.M. Nazimabad came for the site inspection and inspected the same. At that time Muhammad Akram, Mullan Rasheed, Bashir, Najeeb and their advocate Jawaid Haider Kazmi were also present. On the other hand Mr. Attaullah, Mushtaque, Soofi Fazil, Imtiaz, Ajee, Qayyum, Master Ahad and Master Ghulam Muhammad were also present. That when the S.D.M. Nazimabad left the place after inspection, complainant and Attaullah also wanted to leave the place, and therefore complainant started the Motor Cycle, when Muhammad Akram abused him and said that why he was advocating the cause of Attaullah, and started giving him fist and kick blows. It was further alleged that Najeeb had a lathi in his hand, he and Mullan Rasheed also started beating the complainant and he sustained injuries on left cheek, wrist of left hand, and left leg. Advocate Jawaid Haider Kazmi instigated the accused to finish the complainant and nothing will happen. Attaullah tried to save the complainant on which the accused attacked him, Muhammad Akram gave two churri blows on the chest of Attaullah while Jawaid Haider Kazmi gave fist blows on his nose. Thereafter Soofi Fazil, Mullan Rasheed, Imtiaz, Ajee, Qayyum, Mushtaque, Master Ahad, and Master Ghulam Muhammad who were already present, intervened and saved complainant Attaullah. Thereafter complainant went and lodged his report. The injured were referred to Abbasi Shaheed Hospital, for examination, treatment, and certificate. In the initial certificate issued by Medical Officer, the opinion regarding injuries was reserved, but in the final certificate dated 9-6-1985 it was opined that the injuries Nos.l and 2 on the person of Attaullah are fabricated. It will not be out of place to mention here that before the final certificate was issued the accused applied to the Director Health, Sind, to appoint Medical Board to examine the nature of injuries on the person of Attaullah which application was granted. It has been contended by Mr. Jawaid Haider Kazmi advocate that in spite of the fact that the Medical Board was constituted and three dates were fixed Mr. Attaullah did not appear before the Medical Board. That there have been cases between the parties, and there is a long-standing enmity between them. The present case has been filed due to enmity.
Mr. Salman Ansari, advocate appearing for the State has contended that the case has not yet proceeded, and therefore, nothing can be said with regard to the enmity alleged by the applicant, and regarding the nature of injuries. It will be appropriate if the Medical Officer is examined and thereafter the application is filed.
In view of the above contentions the learned counsel have agreed that the trial Court may be directed to examine the complainant. A P.W. Attaullah Khan and Medical Officer within one month and thereafter the applicant could either move the trial Court, or he c n approach this Court for quashment of the above proceedings.
I therefore direct that the trial Court should examine the complainant, P.W. Attaullah and Medical Officer within one month from the receipt of this order, and thereafter the applicant can move the trial Court, or this Court for quashment if so advised. This Revision Application is accordingly dismissed as withdrawn.
S. G. D./J-17/K Order accordingly
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