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Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Law (Special Provisions) Ordinance (II of 1968)--Criminal Procedure Code (V of 1898), S. 561-A--Penal Code (XLV of 1860), Ss. 323/34, 420 & 406--Quashing of proceeding-­Jurisdiction of High Court--Exclusion of--Maintainability of application for quashment--Leave to appeal granted to consider contentions that scene of offence being situated in an area where Criminal Law (Special Provisions) Ordinance (II of 1968) was applicable, High Court has no jurisdiction under S. 561-A, Cr.P.C. to quash proceedings and that second complaint filed by petitioner being not only with regard to offence for which first complaint was filed (and dismissed) but also for two different offences, and as such it was maintainable in law and could not be quashed for reasons which prevailed with High Court. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that petitioner filed a complaint against the respondents under section 323/34, P. P. C. on 7-7-1982 in the Court of Assistant Commissioner/ Magistrate First Class, Quetta. As the scene of occurrence where the offence took place was governed under the provisions of Ordinance II of 1968, learned Magistrate referred the case to the Tribunal. As the petitioner failed to appear before the Tribunal, learned Magistrate, on the recommendations of the Tribunal, dismissed the complaint by order dated 10-2-1983. The petitioner then filed another complaint against the respondents on 4-10-1983 under section 323/420/406 PPC alleging that on the previous occasion respondents had settled the dispute on payment of Rs.800 but thereafter they resiled there from and they were liable for prosecution. The second complaint was also dismissed by the learned Magistrate by order dated 22-6-1986.…

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