Law:

Section:

Criminal Procedure Code (V of 1898), S. 561-A-Successive application for quashment of criminal proceeding without any fresh material having been brought on record-Not maintainable­-Such a course would itself amount to abuse of process of Court. S. Abrar Hussain Naqvi, Advocate Supreme Court instructed by S. Ali Imam Naqvi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 10th April 1971. ORDER MUHAMMAD YAQUB ALI, J.-A complaint under sec­tions 419 and 420, P. P. C. was filed against the petitioners by Haji Akhiauddin, respondent, in the Court of a Magistrate at Bannu. The petitioners who reside in Karachi and were summoned to appear in Court thereupon moved the High Court of N.-W. F. P. under section 561-A, Cr. P. C., for quashment of the complaint and in the alternative for transfer of the case to Peshawar District. At the hearing of the petition the learned counsel for the petitioners did not press for quashment of the proceedings in the complaint and the prayer to that effect was rejected. The second prayer was, however, allowed and the case was transferred to the Court of a Magistrate in district Dera Ismail Khan. Before any witnesses were examined, the petitioners again applied to the High Court for quashment of the proceedings under section 561-A, Cr. P. C. The application was dismissed by another learned Judge on the ground that a previous application in similar terms had been dismissed by a Judge of this Court and he was not competent to review his order. The petitioners now seek leave to…

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