Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.354/354-A/34---Assault or use of criminal force to woman with intent to outrage her modesty, assault or use of criminal force to woman and stripping her of her clothes, common intention---Application for quashing of order---Complainant (respondent) had filed applications before the Additional Sessions Judge twice, first for the issuance of directions to the police to add S. 354-A, P.P.C, in the F.I.R. instead of S. 354, P.P.C, and the other for reframing the charge against the accused under S.354-A, P.P.C instead of S. 354, P.P.C, but both applications were dismissed---Trial Court recorded pro and contra evidence and came to the conclusion that S. 354-A, P.P.C was attracted to the case and same was exclusively triable by the Additional Sessions Judge---Accused (petitioners) impugned said order of the Trial Court before the court below but same was dismissed---Validity---Trial Court had taken cognizance of the matter---Impugned orders of the courts below were based on correct legal footings and needed no interference---Object of present quashment petition was not to prevent the abuse of the process of the court, but rather to advance the same, which was neither the language nor the spirit of S. 561-A, Cr.P.C---Application for quashing of order was dismissed, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---The petitioners, namely, Karam Elahi and his son Muhammad Shakeel, through this petition under section 561-A, Cr.P.C. seek the quashment of order dated 24-11-2011 passed by the learned Additional Sessions Judge Paharpur, District D.I.Khan, vide which their revision petition against the order dated 1-11-2011 passed by the learned Judicial Magistrate Paharpur was dismissed. 2. Briefly stated facts of the case are that Mst. Nasim Bibi, complainant/ respondent charged the accused/ respondents vide F.I.R. No.296 dated 21-9-2006 of Police Station Paharpur under sections 354/34, P.P.C. and complete challan was put in court against the petitioners to which they did not plead guilty and claimed trial. Meanwhile, the respondent No.1 applied to the learned Justice of Peace/ Sessions…

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