Law:

Section:

Keywords: High Court, Proceedings, Register, Copies, Land, Order, Delay, Care, Parties, Prosecution, Lands, Quashment, Criminal Proceedings, Prosecution Witness, Procedure Result: Proceeding quashed JUDGMENT The applicants have requested for the quashment of the case register ed against them under sections 452, 448, 147, 148 and 149, P. P. C. The first informant was Mst. Bibi Phapul widow of Mr. Ghulam Abbas Khan, She complained- that about 20 days back when she had gone away t4 Khairpur to see her parents, the present applicants trespassed upon her house and demolished the wall existing between her house and the house of appellants Nos. 1 and 2 who were alleged to be sons of Mst. Kauri who was alleged to be Kaniz of Mir Ghulam Abbas Khan Talpur the husband of Mst, Phapul. She alleged that she had put Attan Shah in bar house to look after the same, but applicants Nos. 1 and 2 with the other 6 appli cants duly armed with hatchets and lathis broke the common wall and forcibly occupied her house. The police have challaned the case, and the same is pending,' but the applicants have obtained stay by order of this Court. Mr. Syed Madad Ali Shah contends that there was a delay of 20 days in the filing of the F. 1. R. As admitted in the F. 1. R. Itself and the reason of the delay by the first informant is that she had become ill, and therefore, could not file the complaint earlier. Counsel contends that the reason for the delay is untenable as the first informant had herself admitted that she had come, from Khairpur to Mehrabpur on the next day of the incident and had learnt all the details from Attan Shah. It is, therefore, not natural that a person who had come from long distance from Khairpur to Mehrabpur and had learnt all the details would not go straight away to the Police Station, and would wait for 20 days, before filing the F. I. R. Mrs. Saleema Nasiruddin for the State supported the assertion of the applicants' counsel, and she states that the delay involved is so much that no credence can be placed on the story of the prosecution. 1t is further stated that in the challan presented by the police, the alleged eye-witness Attan Shah, who had been entrusted with…

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