Case Details

Citation(s)
1979 SLG 179 1979 SLD 179 1979 PLD 186
Sindh High Court
Criminal Miscellaneous Application No. 516 of 1978, decided on 9th October 1978.
SAJJAD ALI SHAH, J
M. Hayat Junejo for Applicants Nos. 1 to 3. Manzoor Hussain for the State. Iftikhar Ahmed Chaudhry for the Complainants and Alleged Abducted.

ZAHEER AHMED AND 2 others.--Applicants

VS

THE STATEOpponent

Law:

Section:

Criminal Procedure Code (V of 1998)- -- S. 561-A-Quashment of proceedings-Invocation of inherent jurisdiction of High Court to quash proceedings-Held, permitted only in limited cases where impugned proceedings. if allowed to continue, would defeat ends of justice-Proceedings before trial Court having no legs to stand on and bound to end in acquittal-Held, would only cause harassment to innocent party to bring about unnecessary and undue delay which would amount to abuse of process of Court.[Abuse of process of Court]. M. S Khawaja v. State PLD 1965 SC 287; Munawar Din v. Gul Zaman 1978 P Cr. L J 64; Mujtaba Ahmad Khon v. State 1977 P Cr. L J 565 and Shafi Ahmad v. State 1977 P Cr. L J 717 ref. JUDGMENT This application filed under section 561=A, Cr. P. C. seeks to quash proceedings of a criminal case filed against the above-named three applicants for offences under sections 366, 368 and 376, P. P. C. now pending in the Court of III Additional Sessions Judge, Karachi. Prosecution story briefly is that Bashir Ahmed Sajid father of alleged abductee Mst. Ghazala Zareen filed F. 1. R. on 22-5-1974 at Brigade Police Station in which it is stated that on 20-5-1974 'applicant Zaheer Ahmed telephoned Cotton Export Corporation. where Mst. Ghazala was employed and asked Choudhry Ali Muhammad, Director to permit Mst. Ghazala to visit her mother who was suddenly taken ill. When M.st. Ghazala reached near her house, applicant Zaheer Ahmed forcibly lifted her and put her in white Fiat Car No. K A Q-826. Her cries attracted attention of her younger brother, who was playing outside the door of the house and he informed their mother, who intimated the facts of the incident to the complainant at Lahore. Complainant came to Karachi and filed report stating therein that applicant Zaheer Ahmed who is brother of a family friend Col. Nazeer, had abducted his daughter. During the investigation it transpired that applicant Zaheer Ahmed and Mst. Ghazala left together in a car for up-country, when on the way their car collided with another car in Kazi Ahmed, District Nawabshah and consequently they had to stay the night at petrol pump and on the next day they reached Sukkur, from where…
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