Law: Criminal Procedure Code (V of 1898)

Section: 249A,265-K,561A

Law: Pakistan Penal Code, 1860

Section: 363

Criminal Procedure Code (V of 1898)--- ----Ss. 265-K, & 561-A---Penal Code (XLV of 1860), S.363---Kidnapping---Quashing of proceedings---Accused was not shown to be armed with any weapon, even in the complaint---Allegation that accused ordered other co-accused to kidnap complainant and other witnesses, was belied by another statement of the complainant, wherein he had himself stated that accused on the date of incident, came with the Police and asked the Police to arrest the complainant---Such fact had clearly shown that there was no instigation of kidnapping, but it was the Police personnel who came in a Police Mobile and on the complaint of the accused, allegedly arrested the complainant and his two colleagues---In absence of any allegation that accused was carrying any weapon or she ordered kidnapping of complainant party, no case, as alleged by the complainant, was made out---Complainant had himself stated that Police arrested him and after two hours he was released---Facts had belied the allegation that accused intended to take over the control of school and college concerned---No likelihood ofconviction of accused was there, Trial Court was not justified in rejectingapplication of accused filed under S.265-K, Cr.P.C.---Proceedings were quashed, in circumstances. THIS ORDER PASSED BY: FAISAL ARAB, J.--- Impugned in this Criminal Revision is the order dated 17-3-2009, passed by Anti-Terrorism Court, Sukkur on an application, which was though filed under section 249-A, Cr.P.C. ought to be under section 265-K, Cr.P.C, by the applicants. Nevertheless, the scope of such application is the same. Brief facts of the case are that the respondent No. 1 the Principal of Saint Savior School and College, filed a Direct Complaint No. 143 of 2008 in the Anti-Terrorism Court. The allegations in the Direct Complaint were that the applicant No. 1, the ex-Principal of the Saint Savior High School and College, on 24-4-2008, along with her accomplices and police functionaries forcibly entered the School, snatched weapons from the private Security Guards and entered the room of the respondent No. 1 and then, directed her accomplices to kidnap respondent No. 1 and her other…

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