Law:

Section:

(a) Penal Code (XLV of 180(1)--- ----S. 399/400/402---Intention to commit dacoity---Intention simpliciter, whether cognizable ---Law dots not make the person entertaining such intention guilty of an offence unless he takes some positive steps towards the commission of the crime because there is a possibility of change of mind at subsequent stage.--[Intention]. (b) Penal Code (XLV of 1860)--- ----Ss. 399/400 & 402---Criminal' Procedure Code (V of 1898), S. 561-A--­Quashing of F.I.R: ----Mere presence of accused in the graveyard did not amount to an attempt to commit dacoity---Accused appear to have been already in Police custody when the case was registered against them---No probability or chance of conviction of accused having been found in the case, the F.I.R. registered against them was quashed and they were consequently acquitted. JUDGMENT This judgment will dispose of the application under section 561-A, Cr.P.C. moved by Muhammad Sohail son of Ch. Nur Elahi, Abdur Rauf son of Raja Fazal Hussain and Muhammad Tariq son of Dr. Muhammad Fazil for quashment of case F.I.R. No. 274/91, dated 8-8-1991 under sections 399/400 and 402, P.P.C., Police Station North Cantt. Lahore, pending in the Court of Mr. Muhammad Masud, M.S. 30, Lahore. 2. Briefly stated, the prosecution story is that the petitioners alongwith five others were allegedly making preparation in a graveyard near Dry port for committing dacoity. On receipt of an intimation the police conducted a raid on them and they were arrested. Fire-arms carried by them were recovered. They were also booked under the Arms Ordinance. After investigation they were challaned under the Arms Ordinance and under sections 399/400 and 402, P.P.C. 3. Muhammad Ilyas son of Nazir Hussain, the only public witness of the recovery of fire-arms, did not support the prosecution in cases under the Arms Ordinance against Muhammad Sohail and Abdur Rauf petitioners, who were consequently acquitted of the charge under section 13 of the Arms Ordinance, it is added. 4. Challan of case F.I.R. No. 274/91 under sections 399/400 and 402, P.P.C. was submitted to the trial Courts on 19-1'0-1991. Charge-sheet was framed on 23-6-1992. The case…

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