Case Details

Citation(s)
1994 SLG 1553 1994 SLD 1553 = 1994 PLD 99

Criminal Miscellaneous Application No.929 of 1992, decided on 21st November, 1993.
Muhammad Aslam Arain, J

Mian AZAM JAMIL and another---Applicants

VERSUS

SOHAIL ASLAM and another---Respondents

Law:

Section:

Applicants Syed Muhammad Hussain and Mian Jamil, who are nominated as accused in a direct complaint filed against them by the respondent Sohail Aslam under section 324 of P.P.C. as amended, and which case is pending trial before Ist Additional Sessions Judge (East) Karachi, seek quashment of the said proceedings. Because of pendency of a number of other cases between the parties, filed at different times, it is relevant to give the brief facts of the case.   Respondent Sohail Aslam is the son of one Chaudhry Muhammad Aslam who was said to be working as Manager in Karachi Office with the applicants, who are Directors and Account Assistant of (Colony) Sarhad Textile Mills Ltd. and Sohail Jute Mills Ltd. Chaudhry Muhammad Aslam was working with the applicants since last about 10 years. Chaudhry Muhammad Aslam in his capacity as Manager allegedly committed fraud and mis-appropriation to the tune of crores of rupees which was detected in August, 1991, as a result of which F.I.R. No. 228/91 was lodged against Chaudhry Muhammad Aslam at Mithadar Police Station under sections 406, 408, 468 , and 34 P.P.C. The names of the respondent Sohail Aslam and his brother Pervez Aslam were also included in the report. A second F.I.R. No.243 of 1991 was lodged on 2-9-1991 at the same police station under sections 420, 406, 408, 468, 471, 477-A and 34, P.P.C. against Chaudhry Muhammad Aslam and his two sons, namely, respondent No.l and his brother Pervez Aslam. A third FIR was also lodged by applicant No.l against the respondents and some others. It is Mated that counterblast, respondent No.l Sohail Aslam filed a private complaint on 19-10-1991 under section 17 (3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with sections 344, 367, 34, P.P.C. against Mian Farooq Ahmad, his son Mian Sohail Farooq and some others who were either Chairman or Directors of ( Colony ) Sarhad 'textile Mills Ltd. Thereafter, not being satisfied, respondent and his father abducted Mian Azam Jamd and tortured him physically and mentally, for which F.I.R. No. 487/91 was lodged.   While all these cases were either under investigation or pending in the Courts, the…
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