Law: Penal Code (XLV of 1860)

Section: 408

Law: Criminal Procedure Code (V of 1898)

Section: 188

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 408---Criminal Procedure Code (V of 1898), S.188---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Mandatory requirements of S.188, Cr.P.C. having not been met, the proceedings before the Magistrate were infirm--¬Requirement of law having a rationale behind it was not in vain--¬Objection regarding civil liability could always be taken once regular proceedings were pending before the Court against the accused--¬Proceedings impugned being infirm, case against the accused could not proceed---Proceedings were quashed in circumstances and the Constitutional petition was accepted accordingly. Khawas Habib and others v. Emperor AIR 1940 Pesh. 4; Muhammad Zaman v. Emperor AIR 1945 Oudh 231; Ram Charan and another v. King-Emperor AIR 1925 Lah. 185; Jamil Ahmad Qureshi v. Station House Officer, Police Station Sadar, Sialkot and another PLD 1980 Lah. 119; Abu Bakkar v. The State and another 1989 PCr.LJ 369 and Dilawar Hayat v. The State 1988 SCMR 337 ref. Sardar Muhammad Ghazi for Petitioner. Sajjad Hussain Shah, Asstt. A.-G. (on Courts call). Shah Khawar for the Complainant. ORDER The matter pertains to F.I.R. No.275, dated 28-7-2000, registered at Police Station Cantt., Rawalpindi, under section 408, P.P.C. 2. The allegation is that the petitioner and other persons who were sponsored by the complainant, had gone abroad on the sponsorship of the complainant but instead of performing their work as per the contract, the petitioner returned surreptitiously and, therefore, was liable for action under law. It was also alleged in the F.I.R. that while absconding from work, he did not make relevant recoveries from different people there which were due to the employer abroad. 3. On coming to know that the petitioner had absconded from his work, the complainant lodged a complaint, on the basis of which the F.I.R. was registered. The petitioner was arrested alongwith other co-¬accused. The challan was submitted. Now the proceedings are pending before a Magistrate Section 30, Rawalpindi. 4. The petitioner has submitted this writ petition challenging these proceedings, because, according to the…

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