Law: Criminal Procedure Code (V of 1898)

Section: 249-A,561-A,265-K

Law: Pakistan Penal Code, 1860

Section: 503,506

(a) Criminal Procedure Code (V of 1898)----Ss. 249-A & 561-A---Penal Code (XLV of 1860), Ss. 503 & 506---Criminal intimidation---Quashing of proceedings---Allegations against the accused (petitioner) were that he threatened to take possession of property belonging to complainant-company; that he threatened the company regarding his connections with influential persons, and that he forcibly tried to enter the company premises---Police substituted Ss. 452 and 511, P.P.C. with 5.506, P.P.C. at time of submission of challan---Contentions of accused were that there was no evidence available on record to connect hint with the commission of the offence alleged---Validity---Police had deleted Ss. 452 and 511, P.P.C., at the time of submission of final report under 5.173, Cr.P.C., on the basis of statements of prosecution witnesses---Regarding S.506, P.P.C., neither any evidence was available on record nor same transpired from the story narrated in the F.I.R.---Ingredients of criminal intimidation defined in S.503, P.P.C., were not available in the present case---No evidence was available on record, which could form basis for seeking conviction of accused---Continuation of proceedings before Trial Court would not only be a futility but also an abuse of process of law--Proceedings against accused were quashed---Petition was allowed accordingly. (b) Criminal Procedure Code (V of 1898)---Ss. 249-A, 265-K & 561-A---Quashing of proceedings---Scope---On dismissal of application under 5.249-A or 265-K, Cr.P.C., revision was to be preferred to the next higher forum, however exceptionally quashment of proceedings could be directly invoked under S.561-A, Cr. P. C. ---If the application under S. 249-A or 265-K, Cr.P.C., was allowed and accused was acquitted, filing of acquittal appeal under S.417, Cr.P.C. was required. PLD 2004 SC 298 rel. 1995 MLD 511; 1987 'SCMR 7371; 1988 CLC 33; PLD 1993 Quetta 113 and PLD 2006 SC 298 ref. ORDER NOOR-UL-HAQ N. QURESHI, J.---Through the present petition, petitioner seeks qushment of proceedings, pending before the learned Judicial Magistrate, Islamabad in connection with F.I.R. No.342 of 2009 dated 29-8-2009 "under section 506;…

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