Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code (V of 1898)--- ----S. 561-A--Quashing of F.I.R.---Petition for---Whether a false case had been registered against the petitioners or there was some substance in the allegations made by the complainant was not apparent from the record---Challan had already been submitted---Evidence relied upon by the prosecution had not been assailed in the petition---Question, as to whether the petitioners had been found innocent or guilty by the investigation had also not been raised before the High Court and it was not shown that the prosecution had failed to bring on record any evidence against the petitioners---First Information Report did not show that the offence had been committed in 1961 or 1959, however, it was clear from the F.I.R. that alleged offence had been committed some time thereafter; it must have been before the year, 1998 when mutation was passed---Numerous questions of fact had been raised in the F.I.R., which could not be gone into by High Court in quashment proceedings---Petitioners could agitate the same before the Trial Court, which would look into the evidence available on record and if needed, evidence of the prosecution be recorded and then determine the case strictly in accordance with law. Mirai Khan v. Gul Ahmed and 3 others 2000 SCMR 122 and Maqbool Rehman v. The State and others 2002 SCMR 1076 ref. THIS JUDGMENT DELIVERED BY: TARIQ JAVAID, J.--- This petition under section 561-A, Cr.P.C., has been filed for quashment of F.I.R. No. 501 of 1999, registered at Police Station City, District Layyah on the ground that the offence against the petitioners is not made out as at the time of alleged offence the petitioners were not even born, therefore, they cannot be held liable for offence having been committed by predecessor-in-interest of the petitioners if at all it was committed. 2. As per contents as narrated in the F.I.R. Lot No. 2 situated in Chak No. 87/TDA Tehsil Karor, District Layyah was allotted to Allah Ditta son of Khair Din, Muhammad Bakhsh son of Noor Muhammad and Fazal Din through open auction, held by TDA Layyah in the year 1958. Due to financial compulsion, Allah Ditta etc., with permission of authority…

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