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Criminal Miscellaneous Application No.50 of 1985, decided on 3rd April, 1986.
---Ss.561-A & 249-A--Penal Code (XLV of 1860), Ss.406, 420 & 34- Quashing of proceedings--Trial Court not moved under 5.249-A, Cr.P.C. in first instance--Petitioner seeking permission to withdraw the petition in order to approach Trial Court--Application for quashment dismissed as withdrawn.
1985 S C M R 257 rel.
Nooruddini Sarki for Applicants.
Nemo for the State.
Date of hearing: 3rd April, 1986.
This Criminal Miscellaneous Application under Section 561-A, Cr.P.C. has been filed for quashment of proceedings pending against applicants under section 406/420/34, P.P.C. in the Court of Assistant Commissioner and S.D.M. Liaquatabad, Karachi.
In the present case the trial Court was not moved as provided under Section 249-A, Cr.P.C. In view of the case reported in 1985 SCMR 257. The trial Court should be approached in the first instance.
Mr. Nooruddin Sarki, Advocate wants permission to withdraw this application and' approach trial Court.
Without going into the merits of the case. This application is dismissed as withdrawn. However, it is open to applicants to move this Court if relief is not extended to them by the concerned authority.
M.Y.H./A-106/K Petition dismissed
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