Law:

Section:

Keywords: Disposed Of, Magistrate, Notice, Orders, Grievance, Possession, Fictitious, Proceedings, Quashment, Ownership, Production, Jurisdiction, Notices, Prima Facie, Malice, Description, Petitioner, Maintain, Order, Registered, Show-Cause Notice, Property, Recovery, Custody, Grounds, Procedure, Trial Court, Delivery Result: Proceedings quashed JUDGMENT These are two applications under sections 439 and 561-A of the Code of Criminal Procedure, for the quashment of the proceedings being taken against the petitioners in two cases challaned against him, one under section 406/420, P.P.C. And the other under section 406/409/411, P. P. C. And also for the quashment of an order passed by the learned XIIth Additional City Magistrate, Karachi, in the latter case, directing that tie buffaloes and their calves, recovered from the possession of the peti tioners, be given on Superdinama to Rustam, the first informant in that case. As common points are involved in the two petitions, they have been heard together and are being disposed of by this order. 2. The petitioners are dealers in the supply of milk and for this purpose maintain and keep buffaloes in their Varas at Bhains Colony, Landhi, and also in Mahmoodabad Colony. The petitioners grievance is that the officers of the Mahmoodabad Police Station, particularly Police Inspector Zafar lqba1, have been on inimical terms with them and had consequently instituted a number of false and vexatious cases against them, details whereof are given in the two petitions. Particular mention is made of a complaint filed by one Haji Abid Ali against the petitioners under section 380/411, P. P. C., in consequence of which Search Warrants were issued for the recovery of the buffaloes which the said Haji Abid Ali had alleged were stolen from his possession. The police, on the strength of that Search Warrant, recovered seven buffaloes from the Vara of the petitioners which buffaloes were subsequently ordered by the learned trial Court to be delivered on Superdinama to the complainant, Haji Abid Ali. Petitioner ultimately took up the matter to the Supreme Court which ordered that the buffaloes taken into custody by the police from the Vara…

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