Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 182

Criminal Procedure Code (V of 1898) S. 561 A Penal Code (XLV of 1860), S.182 Quashing of proceedings Prosecution had not produced its evidence despite many dates were given for the purpose and the Magistrate kept on adjourning the case Application moved by the accused under S.249 A, Cr.P.C. was even not decided by the Court for a whole year and the same was still pending Trial Court without giving a show cause notice had recalled the bail order passed in favour of accused when she did not appear in Court only on one date, forgetting about its own working and the delay which it was itself causing Magistrate had put the prosecution in an advantageous position and the accused in a disadvantageous position throughout and kept on postponing her application under S.249 A, Cr.P.C. despite being oblivious of her hardships' and sufferings Case against accused was a classical example of inaction and abuse of power by the Trial Court and the torturous and unending proceedings pending therein deserved to be quashed in the absence of any proof forthcoming on behalf of the prosecution Proceedings were quashed accordingly. THIS ORDER PASSED BY: ALI NAWAZ CHOWHAN, JUSTICE:---.--- Petitioner Evon Dilbar is the wife of respondent Innocent Dilbar Feroze. Through a Kalandra drawn by the S.H.O. of Police Station, Gawalmandi, proceedings are pending against her under section 182 of the P.P.C. before a learned Special Judicial Magistrate since 5 12 2001. After the Kalandra was registered, she was charge sheeted on 21 1 2002 and the matter is still pending there. An application was moved by her under section 249 A of the Cr.P.C. on 20 12 2002 which has also not been disposed of. Her case is that only two witnesses cited by the prosecution were not made to record their statements during a period of two years, therefore, the proceedings against her were illegal and thus the same be quashed. The kalandra was initiated at the instance of her husband. According to the petitioner, she was physically assaulted by her husband on 4 4 1999 in the area of Liaqat Road, Rawalpindi, against which she lodged F.I.R. bearing No. 86 on 4 4 1999. She also got herself medically examined and the M.L.R. is…

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