Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Prosecution evidence not revealing anything incriminating against accused and Public Prosecutor closing case-No reasonable grounds for commitment of accused to Sessions Court existing but Inquiry Magistrate still insisting on production and examination of doctor whose evidence not expected in the least to improve prosecu tion case-Further continuation of proceedings, in circumstances, held, would amount to abuse of Court's process-Proceedings quashed" Penal Code (XLV of 1860), Ss. 302, 307 & 34. Ghulam Qadir v. The State and another 1968 P Cr. L J 1760 ; Ms. S. Khawaja v. The State P L D 1965 S C 287 ; Fazalur Rehman v, Muhammad Yamin and 2 others P L D 1964 Kar, 600; Umar Khan v. The State and another P L D 1962 Kar. 873 ; Ghulam Muhammad v. Muzammal Khan and 4 others P L D 1967 S C 317 and Raja Haq Nawaz v. Muhammad Afzal and .others P L D 1967 S C 354 ref. Date of hearing : 14th October 1970.   JUDGMENT On the 16th' of June 1969, at 10-15 p.m. a case under section 302/307/34, P. P. C. etc. was registered at Police Station Qila Gujar Singh, Lahore at the instance of one Mst. Shamim Durrani, who did not claim to be an eye-witness of the occurrence which resulted in the death of one Mushtaq and incised injuries to Nur Muhammad P: V. 2. The occurrence allegedly took place in front of the house of Major Ata Muhammad petitioner No. 1. As a result of police investigation, the three petitioners, namely, Major Ata Muhammad, Mushtaq Ahmad and Muhammad, Saeed, were sent up and are now facing inquiry in the Court of the committing Magistrate. They have filed this petition for quashing of inquiry proceedings, which have lingered on for more than a year on the ground that not a single witness bas inculpated them and as such any further continuation of the inquiry proceedings would amount to an abuse of the process of the Court. A perusal of the record bears out to the factual correctness of this position inasmuch as even Nur Muhammad P. W. 2. An injured companion of the deceased; has not named any of the petitioners or for that matter any other person as the assailant being…