1979 P Cr (PLP)

S. 561-A-Quashment of proceedings

Quashment of proceedings against petitioner under Ss. 420 & 468, P- P. C. sought for on ground that trial Court refused petitioner copies of complaint and other documents-Remarks of trial Court, however, disclosing non-appearance of petitioner throughout although repeated process issued and petitioner using forged documents as genuine in mutation proceed ings-Remarks, held, prima facie connect petitioner with commission of offence- Quashment of proceedings declined, in circumstances. Nemo for Petitioner. Ghulam Ali Agha for A.-G. (Sind) for the State. Date of hearing : 19th February, 1979. By this application under section 561-A, Cr. P. C., the applicant has sought the quashment of the proceedings which were being taken against him in a criminal case under section 420/468, P. P. C., which is pending in the Court of the learned S. D. M., Sanghar.

2. The case of the applicant is that he has incurred the displeasure of the District Magistrate, Sanghar, because he had filed contempt pro ceedings against the subordinates of the District Magistrate, who had wilfully neglected to comply with the writ of his release issued by the High Court, bad consequently besides the present case, other cases have been falsely instituted against him, including a case under the Sind Crimes Control Act, 1975 in which he has been granted bail by the High Court. Neither the copy of the complaint/F. I. R., on the basis of which the proceedings have been initiated against the applicant by the learned S. D. M., nor the other documents pertaining to that case have been filed with the present application and the grounds urged in the applica tion is that the learned trial Court has refused to grant him copies of the complaint and the other documents. Based on these allegations, an applica tion was made for summoning the R. & Ps. of the case from the trial Court. Remarks of the learned trial Court have been sent for and they disclose that througout the applicant has avoided to put in an appearance in that Court, although repeated process for his appearance has been issued. It has also been stated by the learned Magistrate that the proceedings against the applicant have been taken upon the complaint of the Mukhtiarkar, Sanghar, who has asserted in his complaint that the applicant bad forged certain documents and used them as genuine before him in mutation proceedings As regards the allegation by the applicant regarding non-supply of copies to him, the Learned Magistrate has stated that neither the applicant ever appeared before him nor has he made any application or request for supply of copies. In view of these remarks, Mr. Muhammad Ali Shaikh, the learned counsel for the applicant, did not press his application for the summoning of the R & Ps. and his application was accordingly dismissed. It however appears from the note of the office that at the stage of admitting the matter, the R & Ps. of the case had been sent for but subsequently it was ordered that the same be returned to the trial Court.

3. Today neither the applicant nor his learned counsel have put in an appearance. I have however heard Mr. Ghulam Ali Agha, the learned counsel appearing for the State, and with his assistance have gone through the record. As already stated, neither a copy of the complaint of the Mukhtiarkar on the basis of which the proceedings have been initiated against the applicant, nor copies of the proceedings, before the learned Trial Court have been produced, inspite of the fact that the present application was filed as far back as or 24-8-76. All therefore, that we have is a report of the leaned trial Court, which is to the fact that the proceedings against the applicant have been taken on the basis of a complaint filed against him by the learned Mukhtiarkar Sanghar, to the effect that the applicant in mutation proceedings before him, had produced and used forged documents. There is thus so material before the Court on the basis of which this Court would be justified in quashing the proceedings against the applicant. The remarks of the trial Court indicate that there appears to be a prima facie case against him. I would accordingly dismiss this application. Application dismissed.