Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code, 1898 (V of 1898)-- —S.561-A read with Pakistan Penal Code, 1860, Section 95 and Offences Against Property (Enforcement of Hudood) Ordinance, 1979, Section 14--Stealing of old doors and windows-Offence of-Quashment of proceedings-¬Prayer for-Where on face of record, allegations appear to be false which are made with a view to harass accused, High Court would quash proceedings toprevent abuse of process of Court-Contention that no person possessed of his senses would commit theft of moth eaten doors valued at Rs.50/- only—Held: Section 95 PPC provides that even intentional causing of harm specified in that section is excused because of its triviality—Proceedings quashed. [Pp.267268]A,BC JUDGMENT For a proper appreciation of the points involved in the proceedings which are to be disposed of by this judgment it is necessary to refer to the relevant facts in some detail. 2. On 18.2.1989 one Ch. Allah Ditta lodged FIR against applicant Muhammad Anwar, respondent No.2 Shareef and co-accused Altaf Kalia in respect of theft of two old wooden doors lying on the roof of his shops, which was registered as Crime No.77 of 1989, Mahmoodabad P.S., under Section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The facts of the case as disclosed in the charge-sheet submitted against the applicant and others run as follows:--The brief facts of the case are that on 18.2.1989 at about 21.45 hours complainant reported at the police station orally that he was living at the above address (H.No.292, Allama Iqbal Colony, Karachi), and has two shops in Gali No.5, Azam Basti, Karachi. On 24.9.1988 he after taking out two windows/doors of his shops had kept them on the roof as they were replaced by iron shutters. On 6.2.1989 he noticed that these windows/doors were missing. On inquiry Riaz Masih and Bashir informed him that these windows/doors were removed by the present applicant and his two associates, namely, Shareef, the respondent No.2 and absconding accused Altaf Kalia. Shahsawar A.S.I. investigated the case and recovered the stolen property from the possession of the applicant and Shareef, the respondent No.2. The evidence…

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