Law: Criminal Procedure Code (V of 1898)

Section: Ss. 200 & 204

Criminal Procedure Code (V of 1898), Ss. 200 & 204--- Complainant not examined on oath under S. 200 before issue of process-Proceedings quashed as ill founded. JUDGMENT   This is a criminal revision application filed on behalf of one Saffar, son of Arz Muhammad in which the prayer is that the Criminal Case bearing No. 202/1962, filed against the applicant by one Qadar son of Muhammad under section 498, P. P. C. and now pending in the Court of the Nazim, Lasbella, be quashed. An application to this effect had been filed on behalf of the present applicant in the Court of Sessions, Karachi but the learned A. S. J. Mr. Fazle-Ellahi Ansari dismissed it holding that-   "If the learned counsel feels that it is a case for discharge, proper course for him to follow is to present an application to the trial Court under section 253, Cr. P. C. If the argument goes against him he can still come to this Court. At this stage the application is premature. Dismissed."   It is as against this order of the learned Additional Sessions Judge that the present application has been filed in this High Court.   The facts giving rise to this matter are that on 8-5-1962, the complainant Qadarpresented a petition before the Deputy Commissioner, Lasbella alleging that Saffar, son of Arz Muhammad had enticed away Mst. Nazi and Mst. Idan to Sind and had sold them there. The petitioner prayed that legal steps may be taken against Saffar and the petitioner's rights restored to him. The Deputy Commissioner, Lasbella that same day forwarded this petition to the Naib-Tehsildar for his remarks. This officer returned the papers remarking that according to the facts as found by him Mst. Nazi and Idan the wives of Qadar and Sabzoo respectively had left their husbands and had gone to the house of their mother Mst. Booban. Saffar son of Arz is the present husband of Booban and is placing obstructions in the way of the restoration of these two wives to their husbands. A summons had been issued to Saffar but it was found that he had proceeded to Sind and was then residing in Village Giskandi in the District of Nawabshah. On these remarks the Deputy Commissioner…