Case Details

Citation(s)
1980 SLG 1816 1980 SLD 1816 1980 PCRLJ 728
Sindh High Court
Criminal Miscellaneous Application No. 165 of 1978, 22nd December, 1979
G. MUHAMMAD SHAH, J

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Sanaullah Burney And Others

VS

The State And Anothers

Law:

Section:

Keywords: High Court, Jurisdiction, Recording, Order, Prosecutor, Orders, Pending Proceedings, Quashment, Prima Facie, Charge Sheet, Recovery, Delay, Offences, Disposal, Defence, Parties, Register, Evidence, Custody, Intervention, Prosecution, Registered, Investigation, Magistrate, Trial Court, Production, Alternate Remedy, Court Of Law, Harassment, Procedure, Place, Proceedings, Remedy, Charge-Sheet, Kidnapping Result: Application dismissed JUDGMENT The applicants herein, by this application under section 561-A of Cr. P. C. Have sought the quashment of the pending proceedings, instituted against them, on the basis of the to F. I. R. Nos. 64 (Non. Cog) and 85 of 1977, for which the charge-sheet has been submitted by the police, for offences under sections 341, 363, 504, 323, P. P. C. In the Court No. V (East) of the A. C. M., Karachi. 2. The brief facts of the-case are that on 23rd July 1977, at about 11-15 p. m., the Respondent No. 2, complainant Qaiser Azhar Ali Syed, alongwith his mother, father Syed Barkat Ali and to sisters, were returning home, in Mohammad Ali Housing Society, from a visit to their relatives, near Sabzi Mandi. As soon as, they came in front of the main gate of their house. They found a Volkswagon Car, bearing No. KCD 8131 coming fast at? "copped in front of their car. Mst. Huma aged about 12/13 years, got out of the car and ran to open the gate, when the four occupants, in the car, including the to applicants (Sanaullah Barni and Mukhtar Hussain), came out of their car and while abusing, best Syed Barkat Ali father of the complainant, and also caused injuries to his mother. The applicant No. 1 and his friend Mukhtar Hussain applicant No. 2, forcibly dragged Mst. Huma, sister of the complainant and put her in their car and drove away, in spite of her screaming for help. The car of the applicants was followed by the complainant, who was driving the car. His father, another and sister. Had also accompanied him. They were chasing the car of, the applicants, shouting for help. The passersby, on the road, joined in the chase and followed applicants in their cars and scooters: They were followed by the Respondent No. 2 and his father, mother and…
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