Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3) - Leave to appeal-Granted by Supreme Court to consider whether quashment order by High Court was justified-Criminal Procedure Code (V of 1898), S. 561-A. (b) Criminal Procedure Code (V of 1898), S. 561-A -Quashment of proceedings at complaint stage-Gives impression of sting prosecution-Appearance of Advocate-General before High Court in support of quashment in such case-Intervention, held, smacked of officiousness. ORDER CORNELIUS, C. J.-These two petitions seek leave to appeal against orders under section 561-A, Criminal Procedure Code, made by the learned Chief Justice of the West Pakistan High Court, quashing proceedings in two separate complaints by one Haq Nawaz against, in the first case, Muhammad Afzal, Ghazanfar Ali, Abdul Rehman and Nek Muhammad and in the second case, Muhammad Afzal and Abdul Rehman aforesaid together with Subedar Sakhi Muhammad. The parties belong to Jhelum District. Haq Nawaz is serving as a Police Constable in Karachi. In both cases, the acts complained of were alleged to have been committed in Karachi. In the first case, it was alleged that by false representation, the accused persons induced the complainant to give them Rs. 500 on the pretext that the money was needed by his father in Jhelum and they would reach it to him. There was no such need and the money was never paid. The act of cheating was allegedly committed on the 21st July 1965 and the complaint under sections 406 and 420, P. P. C., was lodged on the 12th March 1966. In between these dates, on the 17th August 1965, the petitioner's father filed in Jhelum a complaint of theft, mischief and criminal trespass against the same four persons, which was dismissed on the 21st October 1965, on the ground that the matters in dispute were of a civil nature. The second complaint by Haq Nawaz alleged that on the 20th March 1966, that is, some eight days after the filing of the first complaint, the three accused persons, in an attempt to force Haq Nawaz to withdraw his earlier complaint, committed house­trespass and resorted to intimidation by threats, at his residence in Karachi. The grounds on which both proceedings under these…

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