MIAN MUHAMMAD versus THE STATE

Pakistan Panel Code Section 148/302/149 Evidence, testimony from eye witnesses praising twelve assailants for firing on 12 bore guns for around 10/15 minutes. Only two entry wounds were found on the victim, with no vacancy recovered from his presence. The empty offer to retrieve the guns from the various accused without any result could not be ascertained who fired him, the seven accomplices who were acquitted by the trial court, neither challenged by the state nor. Through the complainant, some of the accused were found guilty under Section 148, PPC and only one convicted. Under 5302/148/149, the PPC did not offer any further explanation for such prosecution, which failed to establish allegations against the accused under section 148 and related sections under section 302/149. And punishments were kept in the circumstances.

1987 M L D 1837

[Lahore]

Before Qurban Sadiq Ikram, J

MUHAMMAD SALEEM--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 201/Q of 1986, decided on 2nd March, 1987.

Criminal Procedure Code (V of 1898)--

---S.561-A--Quashing of proceedings--Proceedings against accused lodged without filing proper complaint--Proceedings quashed.

Zafarullah Khan, Barrister-at-Law for Petitioner.

Ch. Abdur Rashid for the State.

ORDER

Ch. Abdur Rashid Advocate appearing on behalf of the State concedes that the present proceedings against Muhammad Saleem petitioner could have been lodged after a proper complaint which was not filed in the instant case. He has no objection to acceptance of this petition. As such the criminal proceedings instituted under F. I. R. No. 248, dated 20-6-1984 Police Station Chak Jhumra, District Faisalabad are ordered to be quashed. However, the prosecution will be at liberty to file complaint according to law against the petitioner.

M. Y. H./M-277/L Proceedings quashed.

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MIAN MUHAMMAD versus THE STATE

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