Case Details

Citation(s)
1980 SLG 3030 = 1980 SLD 3030 = 1980 PCRLJ 146
Court of Special Judge, Karachi
Criminal Miscellaneous Application No. 504 of 1979, heard on 23rd October 1979.
Presented By: Mohammad Zahoorul Haq, J
N. K. Jatoi for Applicants. Mrs. Salima Nasiruddin for the State.

BAHADUR AND 4 OTHERS-Applicants

VERSUS

THE; STATE AND ANOTHER-Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 151, 561

(a) Criminal Procedure Code (V of 1898) Ss. 154 & 561-A-First information report found false by Police and even later, complaint dismissed' by A. C. M.-Held, no reasonable jurisdiction existed for a fresh F. 1. R. after 8 months "of incident and -without giving reasonable explanation for delay. Date of hearing : 23rd October, 1979.                                                                                                                                 JUDGMENT This application under section 561-A seeks to quash the proceedings pending against the applicants before f1. C. M., Dadu under sec tion 325/147/148/452, P. P. C. On 1st August 1978 Ahmad Nawaz had tiled an F. 1. R. at P. S., Dadu under sections 147, 148, 114, 323/34, P. P. C. alleging that the cattle of Pario had trespassed into his Juar cultivation and on his protest Pario uttered foul language and Wahid Bux, Bahad-ur, Bacho and Hussain who were armed with hatchets and Ayub and Qadoo armed with lathi attacked the complainant. Bahadur gave hatchet blow which hit him on his head and blood started coming. On cries his uncle Mohammad Essa attd Abdul Qadir came. Wahid Bux gave hatchet blow to Mohammad Essa above right eye and Bachoo gave hatchet blow to Abdul Qadir. Qadoo and Ayub gave lathi blows. Quarrel took place. Quarrel was averted when Elahi Bux came with Holy Qur'an. This F. 1, R. of Ahmad Nawaz was not found to be correct by Police and hence they filed the same. On 24th October 1978 the same Ahmad Nawaz filed a complaint before the District Magistrate, Dadu in respect of the same incident which had taken place on 1st of August, 1978 and in respect of which the F. 1. R. of Ahmad Nawaz was not found to ire correct by police. In this complaint under sections 323, 452, 148, 114/34, P. P: C, the story was improved to the extent that Mst. Sain was alleged to have been…
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