Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Criminal Procedure Code (V of 1898)---   -----S. 561-A---Quashing of proceedings-- -Neither any order was passed nor any process was issued by any Court in the complaint case, therefore, the question of making such order as might be necessary to give effect to any order under the Criminal Procedure Code or to prevent abuse of process of any Court did not arise at all---High Court could not assume the role of investigation as the authority to register and investigate the case in law vested in the police and not in the Court---Petition ex facie appeared to be tainted with malice and had been filed to thwart the process of law and the same was -dismissed in limine being not maintainable.   Ahmed Saeed v. The State 1996 SCMR 186 and A. Habib Ahmed v. M.K.G. Scott Christian PLD 1992 SC 353 ref.   (b) Criminal Procedure Code (V of 1898)---   ----S. 561-A---Quashing of proceedings---Criminal proceedings are not barred in presence of civil proceedings---Civil and criminal actions can be pursued simultaneously.    Khawaja Sharful Islam for Applicants.   Qazi Wali Muhammad for the State. ORDER Through an application under section 561-A, Cr.P.C. the applicants have prayed for quashment of the proceedings pending against them which have been initiated by respondents Nos. 1, 2 and 3 in pursuance of Complaint No.60 of 2000, submitted by respondent No.4. Briefly stated the facts as narrated in the application are that the petitioners Nos. 1 to 12 are legal heirs of one Haji Adam Khan who was permanent resident of Karachi and died on 20-7-1988. Respondent No.4 was second wife of the said deceased having been married in the year 1975. The said Haji Adam Khan owned certain properties which were gifted by him during his lifetime in favour of petitioners Nos.2 to 12 before contracting the, second marriage. It is stated that respondent No.4 after the death of Haji Adam Khan picked up dispute over the distribution of property of the deceased which was gifted in favour of petitioners Nos.2 to 12. Consequently, a Civil Suit No.104 of 1989 was filed which is still pending. However, in the meantime the respondent submitted a complaint bearing No.60…

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