Law: Criminal Procedure Code (V of 1898)

Section: S. 561-A

Criminal Procedure Code (V of 1898)------   ----S. 561-A-Abuse of process-Prosecution to be given reasonable latitude in matter of production of witnesses-Prosecution, however, failing to produce witnesses in spite of repeated adjournment-Abuse of process -Proceedings quashed. JUDGMENT   This is a petition under section 435/439/561-A, Criminal Procedure Code, by Mushtaq Ahmed and his real brothers, Manzur Ahmed and Gulzar Ahmed, who are being prosecuted in the Court of the Additional City Magistrate, Quetta for the alleged commission of offences under sections 363 and 366, P. P. C.   The prosecution was launched on the report of Muhammad Amin at the Police Station, Qaidabad, Quetta on the 5th of December 1961, alleging that the petitioners had kidnapped his minor daughter, Mst. Shagufta Perveen, whose age was stated to be 152 years. The police, after investigation, put in challan against the petitioners on the 28th of January 1962, in the Court of the District Magistrate, Quetta, which was forwarded for trial to the City Magistrate, Quetta, on the 29th of January 1962. Since then twenty-seven hearings in the case have taken place, the last one being on the 26th of March 1963, when the position as depicted in the order of the presiding officer was that none of the remaining prosecution witnesses who had still to be examined was present. It was observed in the order that special efforts should be made for the service of the prosecution witnesses and no further opportunity will be allowed. But in the meanwhile the petitioners filed the present petition in this Court. On the 25th of April 1963, to which the case had been adjourned, the learned Magistrate in a lengthy order decided to give a last chance to the prosecution to produce the remaining witnesses at the next date of hearing which was fixed for the 23rd of May 1963. It was observed in the order that "the prosecution had failed to produce any of the remaining P. Ws. in spite of the fact that on the last date of hearing it was ordered that all the remaining witnesses must be produced".   It appears from the proceedings of the case that the Additional City Magistrate commenced…