Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 173(3)

Criminal Procedure Code (V of 1898)  Ss. 561-A & 173(3)-Magistrate cancelling case on police recommendation-Filing of fresh private complaint for same offence, held, not barred.                                                                                                                                                                         ORDER This is an application under section 561-A, Cr. P. C. by Abdullah son of Jhanda Khan for the quashment of a private complaint under sec tion 392/34, P. P. C. filed against him by Khan Muhammad respondent No. 1 in relation to the robbing of a tractor and trolly, which is pending in the Court of Assistant Commissioner Okara, District Sahiwal. 2. The facts are that Abdullah petitioner is accused along with his sons Ashraf, Aslam and Wali for robbing Muhammad Ramzan, the driver and Yaqeenuddin, the cleaner, of tractor No. MY-3619 on 16-1-1972. The tractor belonged to Khan Muhammad respondent No. 1 who lodged an F. 1. R. The police reported the accused to be innocent and applied for cancellation of the case. The Assistant Commissioner, Okara who was seized of the case, thereupon cancelled the case by his order dated 6-4-1972. Thereafter Khan Muhammad respondent No. 1 filed a private complaint under section 392/34, P. P. C. which is pending in the Court of the…