Law: Criminal Procedure Code, 1898

Section: 561-A

Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Petitioner throughout in Police and Judicial custody when allegedly arrested by Police in nakabandi and found carrying a gun and a stolen machine-All, held, a concoction and false affair-Proceedings quashed; in circumstances. Ameer Ahmed Khan for Appellant. B.B. Huda for the State.                                                                                                                    JUDGMENT Applicant Ali Gohar has prayed for quashment 'of the --cases pending against him under section 380/41 P.P.C. for which F.I.R. was registered oat 24th..March-1975,. where complainant Noor Mohammad had alleged that during last night, he had forgotten to lock his shop and in the morning, he found an electric machine and some cloth missing. He had suspected Sabir Mahajir and Noor Mohammad Dhobi for the theft. But, the applicant All Gohar was alleged to have been arrested on 2nd April 1975, with the electric machine in a Nakabandi by the Police of Nawabshah at 3 O'clock in the night. The other case sought to be quashed in Criminal Miscellaneous No. 603/1975, arises out of F.I.R. dated 2nd April 1975, under section 13-D of Arms Ordinance, which was the result of Nakabandi carried on by Police of Nawabshah Town on 2nd April 1975 at 3 a.m. in the night when Police arrested the present applicant with a gun and gunny bag containing sewing machine with a small electric motor. No evidence has so far been recorded as these applications were filed on 4th July 1975, and interim stay was granted on 4th August 1975. The applicant has alleged in his petition that he was in love with Mst. Hakimzadi, who is the sister of first informant Noor Mohammad. On 31st January' 1975, she had sworned an affidavit at Karachi that she wanted to marry with applicant. He had therefore, taken her away to Jevani. The applicant has…