Law:

Section:

Keywords: Prosecution, Contentions, Order, Nazim, Notice, Proceedings, Commission, Place, Copies, Investigation, Regular Hearing, Petition, Evaluation, Procedure, Inherent Powers, Vehicle, Copy, Disclose, Magistrate, Trial Court, Grievance, Petitioner, Remedy, High Court, Recording, Prima Facie, Negligence, Jurisdiction, Recording Evidence, Discharge, Evidence, Quashment, Certificate Result: Proceedings quashed JUDGMENT This is an application under section 561-A, Cr. P. C. Praying for quashment of proceedings of a case under section 304-A, p, p. C. Pending against the petitioner in the Court of II Additional City Magistrate, Karachi. This petition was admitted to regular hearing by my learned brother Imdadally H. Agha, J. On 20-3-72; and on 3-4-72 my learned brother had while confirming the order of interim stay of proceedings in the trial Court called for the record and proceedings in the case. My learned brother had also ordered that the matter should be fixed for hearing within three months of the date of the order i.e. By 3-7-72. 2. Alongwith the petition, the learned Advocate for the petitioner had filed certified copies of the depositions of all the witnesses recorded by the trial Court and had raised a ground that no case for charge had been made out against the petitioner on the evidence that had come on record. The learned Advocate for the appellant also filed a certified copy of an application made on behalf of the applicant before the trial Court on 24-7-71 wherein he had prayed that the applicant should be discharged because the evidence recorded in the case made out no prima facie case. On this application the trial Court passed an order to the following effect: - "To be heard on the next date of hearing at the request of the applicant, Notice to P. S. I. For this." Thereafter no order was passed on this application, but a charge was framed on 9-2-72 viz. After more than six months. After the making of application praying for the discharge of the applicant, only one. Witness was examined in the trial Court and that witness was S. I. P. Muhammad Shat, the Investigat ing Officer, who on his own showing had not witnessed the incident, nor did he give…

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