Law:

Section:

Keywords: Criminal Proceedings, Remedy, Petition, Inherent Powers, Magistrate, Extraordinary Jurisdiction, Order, Notice, Procedure, Copy, Theft, Compliance, Trial Court, Litigant, Investigation, Parties, Dispute, Consideration, Revenue Officer, Evidence, Cancellation, Prima Facie, Receipt, Constitution, Quashment, Guilty, Petitioner, Proceedings, Relief, Jurisdiction, High Court Result: Petition dismissed JUDGMENT This is a petition under section 561-A, Cr. P. C. By Din Muhammad petitioner for the quashment of criminal case in re : Muhammad Sharif v. Din Muhammad under section 380, P. P. C. Pending in the Court of Mr. Muhammad Farooq Syed, Magistrate Ist Class, at Sargodha. 2. The brief facts of the case are that about a year prior to the filing of the complaint, the petitioner carried away the licensed S. B. Gun of respondent No. 1 together with its licence from the respondent's house; that respondent No. 1 lodged an F. I. R. At Police Station, Sillanwali in respect of the said theft on 7-12-1974; that the said case was investigated and the stolen gun was recovered from the petitioner; that the Thanedar took no action against the petitioner and submitted report for cancellation of the case. It was also alleged that the petitioner being a Police Officer had used his influence as a result of which the police has not prosecuted him. 3. Learned counsel for the petitioner has submitted that there was a dispute between the petitioner and respondent No. 1 over a four marlas plot situate in Shah Nicdar, District Sargodha. Respondent No. 1, in .Collusion with Sbanakhat Ali and Idrees, had got the said plot mutated in the names of the said two persons after falsely verifying some other person as the petitioner before the Revenue Officer on 9-1-1974, whereas the petitioner was then noted in Muzaffargarh and was present on duty there. It is stated that the petitioner reported this matter to the Deputy Commissioner on 22-5-1974, and then filed a civil suit against respondent No. 1 in a Court at Sargodha, which is pending. It was contended that apprehending that the said suit may be decided against him and that be may be prosecuted for wrongfully identifying some other…

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