Law: Criminal Procedure Code (V of 1898)

Section: 561

(a) Criminal. Procedure Code (V of 1898) S. 561-A read with S. 133-Magistrate issuing show-cause notice to petitioner under S. 133--Petitioner not showing cause before Magistrate but straight away moving High Court pr quashment of proceedings--Petitioner. held, had remedy of showing cause open to him and quashment under S. 561-A, cannot be resorted to unless no other specific remedy available to him. (b) Criminal Procedure Code (V of 1898) S. 561-A read with S. 133-Nature of inquiry before civil Court not entirely same as under S. 133-Mere fact of a civil suit in respect of same subject matter having been dismissed, held, not sufficient to quash proceedings under S. 133.   JUDGMENT This is an application under section 561-A, Cr. P. C., for quashment of proceedings commenced on an application filed by one Muhammad Amin in the Court of District Magistrate, Lahore, under section 133, Cr. P. C. It appears that this application was dealt in the Court of Mr. S. A. A. Hakeem, Magistrate Ist Class, Lahore, who passed an order on 19th October 1966, to the effect that the factory in dispute be closed. And for purpose of giving an opportunity to the present petitioner to show cause against that order, the learned Magistrate fixed 5th November 1966, as a date for hearing in the case. This order evidently was passed under subsection (1) of section 133, Cr. P. C. The concluding portion of subsection (1) reads as follows :- "Or, if he objects so to do, to appear before himself or some other Magistrate of the first or second class, order, and move to have the order set aside or modified in the manner hereinafter `provided'." 2. The learned counsel for the petitioner himself has stated that after the order, dated 19th October 1966, the petitioner instead of moving the Magistrate in the matter under the above-quoted provision, straightaway came to the High Court and filed this petition because he thought that the learned Magistrate had no jurisdiction in the matter. 3. The learned counsel for the petitioner has raised only one contention and he says that this, is the only point involved in the matter, namely:- " That the application filed by the…