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Criminal Miscellaneous Quashment No.965 of 1986 decided on 20th November, 1986.
‑‑‑S. 561‑A‑‑Penal Code (XLV of 1860), Ss. 323, 504 & 147‑‑Complaint under Ss. 323, 504 a 147, P.P.C. filed before a Magistrate which offences, however, exclusively triable by Conciliation Court‑‑Proceedings pending before Magistrate quashed in circumstances.
Mat. Hamida v. The State and another P L D 1973 Kar. 478 and Mat. Zaitoon v. The State and another 1979 P Cr. L J 279 ref.
Abdul Qadir Halepota for Applicants.
A.A. Mohammadally and Muhammad Ismail Khaskhelli for the State.
Date of hearing: 20th November, 1986.
On 14‑5‑1986, the respondent No.2 filed a direct complaint in the Court of Civil Judge and F.C.M. Thatta wherein he alleged that two days prior to the filing of the said complaint he was given fists and kicks blows by applicants 2 to 7 at the instigation of applicant No.1 who also abused him. It is alleged that Shafi Muhammad, Muhammad Ibrahim and Haji Khaliq Dino were armed with rifles and guns respectively and they gave blows with back side of their weapons to the complainant. The applicant No.1 was armed with a revolver and applicants Lal Muhammad, Muhammad Ali and Abdul Ghani were empty handed at that time. Complainant raised cries which attracted Muhammad, Sharif, Hap Rakhio and Umed Ali and they rescued the complainant from the clutches of the applicants.
2. Learned counsel for the applicants has submitted that sections 323, 504 and 147, P.P.C. are exclusive triable by the Conciliation Courts but section 148, P . P. C . has been added with ulterior motive so as to file a direct complaint in the Court. Section 148 contemplates that whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. Section 147, P.P.C. is not a substantive provision of law. however, the complaint does not disclose that it is a case of rioting. Though, it is alleged that the applicants were armed with deadly weapons but they had not used their weapons and only fists and kicks have been used. No medical certificate has been produced. The complaint has been lodged after 2 days of the alleged incident. No report of the above occurrence has been made to the police. Learned counsel for the private respondent has stated that direct complaint has been lodged as the police has refused to register the case. There is nothing on record to‑substantiate this contention. Learned counsel for the applicants has referred to the cases of Mat. Hamida v. The State and another P L D 1973 Kar. 478 and Mat. Zaitoon v. The State and another 1979 P Cr. L J 279 in support of his contention that when an accused cannot be convicted at the trial, the proceedings may be quashed at the initial stages. The facts as disclosed above do not constitute an offence which is to be tried by a Court under the Code of Criminal Procedure. The proceedings pending against the applicants are quashed. However, the complainant is at liberty to file direct complaint in the Conciliation Court under sections 323, 504 and 147 if so advised.
S. G. D.(5106/K) Proceedings quashed.
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