Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Pakistan Penal Code, 1860

Section: 379,411,109

Criminal Procedure Code, 1898 (V of 1898)-- —-S.561-A read with Pakistan Penal Code, 1860, Sections 379,411,109 read with Offences Against Property (Enforcement of Hudood) Ordinance, 1979, Section 14--Aluminium wire-Stealth and recovery of--Offcnce of--TriaI for-Quashment of proceedings-Prayer for--In this case, report under Section 170 Cr.P.C. has been submitted giving names of additional accused-Report is not in conformity with requirements of Section 170 of Cr.P.C.—No role has been assigned to applicants-Neither any property was recovered from applicants nor have they led to any such recovery-Applicants have been implicated on direction ot S.S.P—Magistrate erred in not considering application under Section 249-A of Cr.P.C.-Held: Proceedings are nothing but harassment of applicants and same are abuse of process of court which cannot be allowed to continue-Proceedings to extent of applicants quashed. [Pp:465,466467]A,B,C,DE JUDGMENT This application under Section 561-A Cr.P.C. is filed on behalf of applicants Abdul Sattar s/o Ghulam Hyder, Hussain Bux son of Muhammad Bux, Abdul Ghani son of Haji Khan and Shankarlal son of Pheroomal who are involved in case FIR No.28/89 under Sections 379/411/109 read with Section 14 Offences Against Property (Enforcement of Hudood) Ordinance, 1979, registered at police station A Section, Sukkur. The applicants. had moved an application under Section 249-A Cr.P.C. which was rejected by the trial court vide order dated 6.2.1992. The applicants have now preferred this application for quashment of the said proceedings pending against them. The facts of the case are that the complainant Abdul Sattar is L.S.-II with SDO Construction, Sukkur Division No.II, Sukkur. There is a plot in front of their office in which 4 drums aluminium wire issued to the complainant were lying. Apart from it 2 drums issued to Hussain Bux were also lying there. On this plot Abdul Ghani is posted as watchman. This plot has a boundary wall. In the east part of this boundary wall there is a passage without gate. On the evening of 272.1989 the complainant and Hussain Bux after checking the drums went to their houses, while watchman Abdul Ghani was there. Next…

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