Law:

Section:

Criminal Procedure Code (V of 1898), S. 561-A-Quashment of proceedings-Every case should be allowed to proceed according to law-Resort to provisions of S. 561-A not to be lightly made as that would circumvent due process of law. Ghulam Muhammad v. Muzammal Khan P L D 1967 S C 317 ref. Saeed Hasan Malik, Advocate Supreme Court instructed by Abdul Razzaq Raja, Attorney for Appellant. Ghulam Mohyuddin, Attorney for Respondents 1-4 and 1-3. Said Akbar Raja, Advocate-General West Pakistan (Abdul Hameed Malik, Advocate Supreme Court with him) instructed by Ajaz Ali, Attorney for Respondents Nos. 5 and 4 Date of hearing : 23rd June 1967. JUDGMENT S. A. RAHMAN, J.-This order will dispose of two Criminal Appeals Nos, 36 and 37 of 1967, which arise out of an order, passed by the High Court of West Pakistan, under section 561-A of the Code of Criminal Procedure, by which criminal proceedings, pending against the respondents in the two appeals, started at the instance of Raja Haq Nawaz, were quashed. The facts leading up to these appeals areas follows. On the 17th of August 1965, the appellant's father filed a complaint at Jhelum under sections 3'I9, 448 and 427, Pakistan Penal Code, against some or all the respondents. The learned Magistrate dismissed it on the 21st October 1965, on the ground that the dispute involved was of a civil nature and was not amenable to criminal jurisdiction. On the 12th of March 1966, the appellant filed a complaint at Karachi against the respondents under sections .420 and 406, Pakistan Penal Code, and this was followed by another complaint under sections 452, 147 and 506,, Pakistan Penal Code, again lodged at Karachi, against the respondents. It may be mentioned that the parties belong to a village in the district of Jhelum, but the appellant is employed as a foot constable at Karachi. The allegations in the first complaint at Karachi were that the respondents had come and met Haq Nawaz, appellant, at Karachi, and had given him to understand that his father was in great need of money. The appellant asserted that he borrowed a sum of Rs. 500 from some other person and handed it over to the respondents on the 2tst July 1965. As the appellant…

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