Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 324,427,148,149,109

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.324, 427, 148, 149 & 109---Attempt to commit qatl-e-amd and mischief---Quashing of proceedings---Application for---Applicant was not present on the spot at the time of alleged incident---Assertion of complainant that co-accused asked the complainant that they were committing the offence at the instigation of applicant, did not appeal to a prudent mind---Prosecution had no strong piece of evidence against applicant---Complainant, in order to harass and humiliate the applicant, had appeared to have given his name in the F.I.R.---Prosecution had no evidence about involvement of applicant in the commission of alleged offence---Application for quashment of proceedings was allowed and proceedings against applicant were ordered to be quashed, in circumstances. A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353 ref. ORDER IMAM BUX BALOCH, JUSTICE:---.--- Through this criminal ‘miscellaneous application under section 561-A, Cr.P.C. the applicant seeks quashment of proceedings against him pending in the Court of learned Additional Sessions Judge, Kashmore, in Crime No. 77 of 2008 of Police Station Guddu, registered under sections 324, 427, 148, 149, 109, P.P.C. Facts leading to filing of present application are that complainant Barkat Ali lodged above F.I.R with Police Station Guddu, with the allegation that accused Ali Gohar, Noor Khan, Afzal, Beera, Yar Ali, Aziz, Dost Ali and two unknown persons made murderous assault upon complainant party, at the instigation of present applicant Abdul Hakeem Mazari and co-accused Reza Muhammad. During course of investigation police arrested accused Abdul Hakeem, and Raza Muhammad and ultimately they were released on bail. Yar Ali and Dost Ali were shown under custody in the challan sheet, whereas seven accused namely Ali Gohar, Noor Khan, Afzal, Jamal, Beera, Sabzal and Aziz were shown as absconders. After submission of challan, an application under section 265-K, Cr.P.C. was moved on behalf of the applicant in the trial Court, which was dismissed by order dated 16-9-2009, which has been assailed through this miscellaneous…

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