| Citation(s) |
|---|
| 1980 SLG 1810 1980 SLD 1810 1980 PCRLJ 626 |
Sindh High Court
Criminal Miscellaneous Application No. 1128 of 1978, 07/08/1979
MUHAMMAD ZAHOORUL HAQ, J
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Criminal Miscellaneous Application No. 1128 of 1978, 07/08/1979
MUHAMMAD ZAHOORUL HAQ, J
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Bux Ali And 2 Others
VS
The State And Anothers
Law:
Section:
Keywords: Copy, Jurisdiction, Information, Notice, Family Suit, Non-Cognizable, Petitioner, Procedure, F.I.R, Magistrate, Dissolution, Delay, Provisions, Leave, Care, Custody, Place, Permission, Competent Authority, Order, Investigation, Without Jurisdiction, Proceedings, Quashment, Illegal, Cognizance Result: Proceedings quashed JUDGMENT This is an application under section 561-A, Cr. P. C. Filed by three applicants for quashment of proceedings pending against them in the Court of Resident Magistrate, Tando Bagho at Hyderabad under section 498/34, P. P. C. The case started under a Police challan, the F. 1. R. Of the case was lodged by one Ghulam Sarwar on 15th June, 1978 wherein he had alleged that his sister Nasim was married to Ramzan and Ramzan and Nasim used to live with the complainant. He further stated that his brother-in-law met an accident and was in the hospital at Jamshoro and that on 24th May, 1978 the.Tpree accused namely Bux Ali, Haji Ghazi Khan and Mst. Zxbunnisa came to the house of the complainant and had told the complainant that they had gone to the hospital to see complain at's brother-in-law Ramzan and Ramzan had desired them to bring his wife Nasim to him. Since those persons were on visiting terms with the complainant, therefore, complainant allowed ,them to take his sister Nasim with them. But when the complainant went himself to hospital he was informed by his brother-in-law Ramzan that 1)e had not sent for his wife Nasim. The complainant, thereafter tried to recover his sister Mst. Nasim from the accused but he did not succeed and thereafter, he lodged the F. I. R. After about 20 days at Cantt. Police Station, Hyderabad. The learned counsel for the applicant has' submitted that the Court was not competent to take cognizance of an offence under section 498/34, P. P. C. Unless the report had been submitted by the police officer on the complaint of the husband of .The woman or by some person who had care of such woman at the the when such offence had taken place. The counsel relied upon section 199-A of Cr. P. C. Which reads as under :- ' -199-A. Objection by lawful guardian to complaint by person other than person aggrieved.-When in any…
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