Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 561-A---Constitution of Pakistan (1973), Art.185(3)---Quashing of complaint case---Leave to appeal was granted to consider the question whether the complaint was not false as found by the police and whether appellant was not present in Lahore, but in Rawalpindi when the alleged occurrence took place in Lahore. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Constitution of Pakistan (1973), Art.185(3)---Quashing of complaint case---Complaint and the preliminary evidence recorded showed that a prima facie case clearly stood made out against accused---Question of quashing the complaint case against them thus did not arise. (c) Criminal Procedure Code (V of 1898)--- ---S. 561-A---Constitution of Pakistan (1973), Art.185---Quashing of complaint case---Reasonable grounds were available to believe that accused had been falsely roped in to prevent them from assisting the other accused in the defence of the case---Complaint case filed by the complainant against the said accused was quashed in circumstances. JUDGMENT RUSTAM S. SIDHWA, J.---This is an appeal by Muhammad Siddiq and others, appellants, against the judgment of a learned Single Judge of the Lahore High Court dated 21-3-1990 rejecting their quashment petition. 2. The brief facts of the case are that on 13-3-1989 Mst. Badar Munir respondent No.1 filed a private complaint against Muhammad Siddiq and others, present appellants, wherein she alleged that a case vide F.I.R. No.212/88 was registered against the appellant Nasir Ahmad alias Bhap under section 436/307, P.P.C. and on 1-3-1989 it was fixed for trial in the Court of Magistrate Section 30, Lahore. The appellant Nasir Ahmad alias Bhap was in police custody and attended the Court. The complainant accompanied by her daughter Salma Sultana was also present in Court to pursue their case. The .Presiding Officer was on leave and the case was adjourned to 15-3-1989. The appellant Nasir alias Bhap in police custody hurled abuses on the complainant and her daughter aforementioned. The complainant and her daughter reached Bus-stop Saddar Chowk, Lahore Cantt. and boarded the bus. In the meantime appellants Nazir…

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