Law: Criminal Procedure Code (V of 1898)

Section: 190 (1) (b), 561-A

Law: Penal Code (XLV of 1860)

Section: 379, 34

  Criminal Procedure Code (V of 1898), Ss. 190 (1) (b) & 561-A-Quashment of proceedings--Facts recited in police report not disclosing ingredients of any offence-Mere mention of penal sec tions in such report--Not sufficient for taking cognizance of case by Court-Proceedings quashed Penal Code (XLV of 1860), S. 379/34. Date of hearing: 19th July 1972.                                                                                                                       JUDGMENT On the 23rd of September 1971 an F. I. R. was lodged be one Ali Mukhtar Naqvi who stated in substance that Falak Sher, a person known to the informant, had purchased a Datsur Taxi on instalments from some other person who was not named The purchase money was to be paid by instalments and some 12.000 rupees had already been paid by way of instalments but the vendor had refused to give any receipts. Falak Sher fearing that the owner of the taxi might attempt forcibly to take possession of the taxi had given the taxi to the first informant for custody. The first informant went on to say that some four persons whose names and addresses were no known to him came to his house and forcibly removed the tax A sequel of this F. I. R. was that three persons, namely, the two applicants before me, namely, Syed Hisamuddin and Syed Jamaluddin who are brothers and who now claim to be owners of the taxi and one Ghulam Rabbani, applied to the Sessions Court for bail before arrest. At the hearing of this application the Assistant Public Prosecutor made a statement that the police did not wish to arrest the accused persons and the application fat bail was, therefore, dismissed as premature. 2. In the meantime is appears that the police went on- with the investigation of the case and, the question arising as to who should have the custody of the Datsun Taxi which in the meantime had been recovered by the police,…