Law: Criminal Procedure Code, 1898

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 454, 380

Criminal Procedure Code (V of 1898) S. 561-A read with Penal Code (XLV of 1860), Ss. 454 & 380- Process under Ss. 454 & 380, Penal Code issued against petitioner as a result of action of Police in breaking open lock and removal of complainant's property-Complaint found to be unjustified and a counter move to F. I. R. lodged by petitioner against com plainant-Held, such complaint an abuse of process of Court and continuance of same sheer harassment-Proceedings quashed.- [Abuse of process of Court]: Dates of hearing : 29th September and Ist October, 1979,                                                                                                            JUDGMENT This is an application under section 561-A of -Cr. P. C. seeking quashment of complaint filed by Asif Sultan . against Suleman Jaffer, Hamid Jaffer and Nasir Jaffer under section 342/347/454/380/108, P. P. C. on 2nd October, 1973. After recording the statement of complainant and P. Ws. Wasif Sultan and Mohyuddin under section 200 of .Cr. P. C. the A. C. M. Karachi took cognizance under section 454/380/34 of P. P. C. Some of the relevant facts in this respect are that the complainant and the applicants were the directors of National Carpets Industries Ltd. In 1972-73 due to the labour trouble the directors decided to remove the carpets from the factory to different premises including the premises of the firm Markaze Qaleen which was owned by the sons of the complainant. Thereafter, some disputes arose between the applicants and the com plainant and their side filed Suit No. 151/73 for injunction damage accounts against the complainant in April 1973. In para one of the plaint it was alleged that some of stock of carpets of National Carpet Industries was transferred to the premises of Markaze Qaleen after Asif Sultan had represented to the plaintiff that such transfer would minimize labour trouble, but the said suit was…