Law: Criminal Procedure Code (V of 1898)

Section: 561A,202,355

Law: Pakistan Penal Code, 1860

Section: 427,506(2),451,342,220,119,147,149

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 202 & 355---Penal Code (XLV of 1860), Ss.427, 506(2), 451, 342, 220, 119, 147 & 149---Quashing of complaint---Statements of witnesses under 5.202, Cr.P.C. were not recorded by the Magistrate .himself and no footnote was given at the end of said statements that same were written down by the Reader or Clerk of the Magistrate under his dictation---Magistrate appeared to have taken the matter very lightly and treated the job of conducting preliminary enquiry a simple routine work---Magistrate thus had violated provisions of S.355, Cr.P.C.---Reason, which the complainant, who was a Town Police Officer had tried to attach to happening of alleged incident, appeared to be dispute between other persons over the plying of wagons on the same route which did not appeal to reason that petitioner/an officer of a high rank would personally interfere in such a trifling dispute until and unless some evidence was brought on the record to show that he had some relation with either of the parties; or that he had done something wrong to settle some previous score with the party actually aggrieved at his hands---Allowing such proceedings to continue, in circumstances would amount to abuse of process of law---Complaint stood quashed, in circumstances. Muhammad Ali Kazi v. The State 1994 PCr.LJ 430; Jan Muhammad v. Gaman Khan 1995 PCr.LJ 1371 and Muhammad Saleem v. Fazal Muhammad 2001 SCMR 1738 ref. ORDER MUHAMMAD AFZAL SOOMRO, J.---The applicant has filed this application for quashment of Direct Complaint No.8/2001 re-Ali Anwar Bhayo v. S.S.P. Sanaullah Abbasi and others, pending in the Court of Vth Additional Sessions Judge, Shikarpur. The record shows that initially the Respondent No.1 Ali Anwar Bhayo had filed two consecutive constitutional petitions being C.P. No.S-4 of 2001 and C.P. No.S-99 of 2001, before this Court for registration of F.I.R. The first one was dismissed as withdrawn and the latter was disposed of advising the petitioner to file a direct complaint. Consequently, the respondent No.1 filed the above mentioned direct complaint before the learned Sessions Judge, Shikarpur, which is sought to be quashed in…

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