Law:

Section:

(a) Criminal Procedure Code (V of 1898;- - - , S. 561-A - Quashment of proceedings - Petitioner allegedly responsible for publication of false news against respondent-Evidence yet to be produced by parties in support of their respective contentions-Quashment of criminal proceedings, under S. 500/501/502, P. P. C., declined, in circumstances. (b) Criminal Procedure Code (V of 1898)- S. 537 read with S. 200-Failure of Magistrate to record statement of complainant upon oath before sending complaint to police for inquiry-Held : Merely an irregularity curable under S. 537, Cr. P. C. Shameem v. The State and others P L D 1966 S C 178 and Muhammad Ihsan v. The State 1971 S C M R 227 rel. JUDGMENT This is a petition for quashment of proceedings in a criminal case peding in the Court of Mr. Aurangzeb Magistrate First Class, Lahore. The petitioner alongwith two other persons has been summoned to answer a charge under section 500/501/502, P. P. C. in a complaint filed by Muhammad Sadiq Khan respondent No. 1. The petitioner has contended that' the aforementioned complaint is frivolous and has been filed by respondent No. 1 with the sole objet of causing harassment to him. According to the petitioner criminal proceedings. have been initiated against him by the respondent as he has failed to get property bearing No. S-90-R-30 situated at Circular Road, Lahore transferred in his name after protracted litigation before the Settlement Authorities. The aformentioned 'property has been duly transferred to the petitioner by the Settlement Department and is presently the object-matter of a civil suit instituted by respondent No. I against the petitioner. The petitioner has also challenged the order of the learned trial magistrate whereby he issued notice to the petitioner and two other persons for appearance in Court as the said order was passed by him on the report of the police to whom the complaint filed by respondent No. 1 had been referred for further inquiry by the learned trial Magistrate but without recording the statement of respondent No. 1. The petitioner has also questioned the orders of the learned trial Magistrate passed on 28-8-79 and 10-9-79 for issuing non-bailable…

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