Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code (V of 1898) S. 561-A--Quashment of proceedings-Respondent in first instance filing a civil suit and succeeding in getting an `award' in his favour from nominee of Registrar of Co-operative Societies but such award suspended on appeal--F. 1. R. admittedly filed during pendency of appeal--Criminal case, held, initiated with a view to harass applicant, in circumstances-Proceedings quashed. Link . Dates of hearing :13th December, 1979; 19th January; 1st, 5th March; 26th April; 10th and 24th May, 1980.                                                                                JUDGMENT This application under section 561-A, Cr. P. C., has been filed by the applicant seeking quashment - of the case, State v. Hasibur Rehman and others under section 420/468/471/34, P. P. C. read with section 5(2) of Act 11 of 1947 pending in the Court of Special Judge, Anti-Corruption (Provincial), Karachi. 2. The facts of the prosecution case in brief are that the complainant Mirza Ferozuddin purchased the disputed Plot No. 27/B of Block No. 19 (St-4) of Roshan Bagh Co-operative Housing Society, Federal 'B' Area, Karachi, from one Mst. Bilquees Fatima in 1971. The sale/transfer was formally approved by the Society on 3-2-1971 and the matter was referred to the K. D. A., for allotment of the same in his favour in 1972. He constructed a building on it in 1973 and was paying the taxes of it to the Excise and Taxation Department.' Mst. Husn Jehan also claimed ownership on the same plot after fabricating the record of the society in collusion with the officials of the society in year 1977. She approached the Summary Military Court `B' Headquarters of the Martial Law Zone 'C' byway of an application against the complainant and a notice was issued to him as a result of it. He appeared before the Summary Military Court in respond to the said notice and explained his side of the matter which resulted in dismissal of the application of Mst. Hush…