Law: Criminal Procedure Code (V of 1898)

Section: 561

Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Evidence recorded under S. 202, Cr. P. C. showing names of at least 60 persons summoned by Magistrate not mentioned at all-Complaint lodged showing 24 persons and giving various details of occurrence-Injured witness making statement before Magistrate and accusing only six persons as assailants and contradicting complainant on salient features of case---Allegations in petition being not correct and no case being made out against petitioners, proceedings quashed, in circumstances. Date of hearing : 28th May, 1978.                                                                                                              JUDGMENT The petitioner No. I is an Advocate of the supreme Court practising at Lahore for about a decade and village Rasulpur Tarar, Tehsil Hafizabad, District Gujranwala is the place of his origin. He comes from a respectable family. His father held important positions including that of Parliamentary Secretary immediately after Independence. 2. Petitioner No. 1 himself has held various positions in the Muslim League and has also served as a Magistrate First Class with Section 30 Powers and as an Additional District Magistrate for about 16 years. 3. His uncle Ch. Irshadullah Tarar sat in. the National Assembly for two terms extending over a period of about eight years. His father and uncle and other close relatives fought actively in the Pakistan Movement and even went to Jail. 4. With this background, he claims that he and his family did not find it possible to throw their lot with the regime of Z. A. Bhutto and, therefore, became a victim of his wrath. In fact, he became an important member of the opposition. 5. He claims that since he did not co-operate and he and his family were conspicuously absent when a reception was given to Nawab Sadiq Hussain Qureshi the then Chief Minister, Punjab, in Tehsil…