Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 451,452,354,452,427,148,149

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.451, 452, 354, 427, 148 & 149---Quashing of proceedings in F.I.R.---No allegation was available to the effect that accused persons entered the house of complainant in order to commit an offence---Entry of accused persons after the entry of prosecution witnesses into the house of complainant, had simply shown that they wanted to rescue principal accused from the clutches of complainant party---Accused had been facing the agony of trial simply because they happened to be father and brother of co-accused---Trial Court, while dismissing application of principal accused under S.249-A, Cr.P.C. had omitted to consider the facts of the case and incriminating material available on record in the form of statements under S.161, Cr.P.C.---In view of close relationship of accused persons with principal accused, they appeared to have been falsely implicated in the case---No possibility existed of accused persons 'being convicted of any offence---Accused had been exposed to the rigours of trial for more than four and half years without any lawful justification which amounted to abuse of process of law---Accepting petition, proceedings were quashed against accused persons. THIS ORDER PASSED BY: M.A. SHAHID SIDDIQUI, JUSTICE:---.--- Wali Muhammad and his four sons namely Muhammad Anwar, Muhammad Rafique, Muhammad Aslam and Muhammad Ashraf, all petitioners, through this petition under section 561, Cr.P.C. have prayed for quashing the proceeding in case F.I.R. No. 332 of 2001, dated 10-6-2001, Police Station Ghulam Muhammadabad Faisalabad for offences under sections 451/452, 354/427, P.P.C. 2. Prosecution's case as per the F.I.R. is that on the night between 9th and 10th of June, 2001 Muhammad Saleem son of Wali Muhammad, petitioner, entered into the house of Zahid Sarfraz, complainant, and caught hold of the complainant's sister Zaida on her cot attempting to commit Zina with her. She raised hue and cry which attracted Jaffar Ali and Muhammad Yasin, P.Ws., from the neighbourhood who caught hold of Muhammad Saleem. The allegation against the petitioners is that in the meantime, they also…

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