Law: Pakistan Penal Code (XLV of 1860)

Section: 420/109

Law: Criminal Procedure Code (V of 1898)

Section: 561 .A

Keywords: High Court, Director, Division, Ulterior Motive, Evidence, Office, Petitioner, Illegal, Prosecution, Period, Order, Commission, Province, Intimation, Protection, Provisions, Proceedings, Conspiracy, Appearance, Procedure, Public Office, Allotment, Quashment, Discharge, Jurisdiction, Appointment, Registered, Public Servant, Charge-Sheet, Dismissal From Service, Offences, Commencement, Call, Trial Court, Cheating, Fees, Money, Deception, Guilty, Notices, Liabilities, Removal, Prevention, Investigation, Establishment, Government, Functions, Possession, MagistrateResult: Petition dismissedJUDGMENT Three cases under section 420/109, P. P. C. were registered against the petitioner and his son Muhammad Saeed on the basis of F. I. R. Nos. 12, 15 and 17 of 1965 by Eid-Gah Police 'Station, Karachi, and three separate challans have been submitted against grate the petitioner and his son before City Magistrate, Court No. 15, Karachi. The petitioner seeks the quashment of the proceedings in all the three case: and has approached this Court under section 561 .A, Cr. P. C. The facts of Case No. 106/65 relating to F. I. R. No. 12/65 are that on the 15th of February 1965, complainant Abdul Rashid at about 3-30 p.m. in company of Muhammad Ikram, Abdul Karim and Muhammad Dakhah P. Ws. took Muhammad Azhar accused with them to the police and reported that the complainant was working as Kabaria on Lawrence Road, near Tepu Sultan Hotel and a few days before that date Saeed sun of Azhar appellant approached him and enquired from him about one Bashir Kabaria. The complainant told him that there was no person of the name of Bashir Kabaria in that market and enquired from Saeed about the nature of work which he wanted with Said Kabaria. Sated accused informed the com plainant that a quarter had been allotted in the name of Bashir and represented that his father was a big officer in K. D. A. and was responsible for making allotments of residential quarters in Karachi. The complainant sought the help of Saeed for procur ing a quarter for him also and Sated told the complainant to accompany him to his father. Abdul Rashid complainant also told three of his friends Muhammad…