Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-Criminal Procedure Code (V of 1898), S. 561-A-Leave to appeal granted to consider (i) that a private complaint filed by convict was merely a device to delay disposal of appeal before High Court already adjourned to await result of trial of case and (ii) trial in said complaint would take considerably long time and was subterfuge to delay trial of appellants. (b) Criminal Procedure Code (V of 1898)- -- S. 561-A-Quashing of proceedings-Police not having challanged accused for murder, private complaint only course open against accused­ Points raised for quashing of proceedings could be considered by trial Court at proper stage-Hearing of original appeal and murder reference already stayed by High Court-Appeal found without sub­stance and dismissed. Ch. Khalilur Rahman, Senior Advocate Supreme Court and Sh. Salahuddin Advocate-on-Record for Appellants. Karam Elahi Bhatti, Advocate-on-Record for the State. Date of hearing: 11th April, 1984. JUDGMENT MIAN BURHANUDDIN KHAN, J.-The appellants, feeling aggrieved by the dismissal of their application under section 561-A, Cr. P. C. for the quashment of criminal proceedings against them vide judgment dated 26-6-1983 of the Lahore High Court, filed Criminal Petition for leave to appeal in this Court and leave was granted, per order dated 31-10-1983, to consider that a private complaint filed by Mukhtar Ahmad convict was merely a device to delay the disposal of the appeal before the High Court which had already been adjourned by the learned High Court to await the result of the trial of the case based on a private complaint filed by Muhktar Ahmad accused; that the trial in the said complaint case would take considerably long time and was a subterfuge to delay the trial of the appellants. 2. The facts giving rise to this appeal are that two reports were lodged about an incident which took place between two parties on 16-9-1982 in village Bagh Dhattianwala, Chak No. 321/E. B., District Multan in which two persons, one from each side, were killed. F. 1. R. No. 43 of 1976 was lodged by Muhammad Iqbal appellant for the murder of his brother Muhammad Saleem while F. 1. R. No. 44…

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