Law:

Section:

Criminal Procedure Code (V of 1898), S. 561-A-Quashment of proceedings- Stay-Matter pending before criminal Court definitely not same as that pending before civil Court-High Court's directive that criminal proceedings should continue but not to be announced till decision of civil suit-High Court further directing civil Court to expedite hearing of case-High Court's order held proper and faultless in circumstances-Penal Code (XGV of 1860), Ss. 379 & 468. Mohammad Akbar v. The State P L D 1968 S C 281 ref. JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from the order of a learned Single Judge of the Lahore High Court refusing to quash the criminal proceedings pending against the petitioner under sections 379 and 468 of the Pakistan Penal Code. It appears that long after the institution of the criminal case the petitioner along with another person filed a declaratory suit in the civil Court at Lyallpur, claiming that they be declared as the owners of the disputed truck. In the criminal case the allegations were that the petitioner had sold the truck to respondent No. 2 on the 19th November 1968, for a sum of Rs. 35,000 and Rs. 9,000 were paid by way of first installment. Thereafter the petitioner had forcibly taken away the truck from respondent and in consequence the First Information Report was lodged with Ferozewala Police Station on the 25th April 1970. It was contended before the High Court on the basis of the case of Mohammad Akbar v. The State…

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