1977 P Cr (PLP)

Diwan Warasat Hussain for Applicant. Nooruddin Sarki for the State. Yousuf Memon for Respondent No. 2 (absent). Date of hearing: 25th January 1977. This is a petition under section 561-A, Cr. P. C. for quashment of the -proceedings of a criminal case stated on a direct complaint for offence under section 380/451, P. P. C. pending in the Court of S. D. M., City Section, Karachi.

2. The facts in brief leading to the filing of this complaint as gathered from the arguments of the counsel are that the complainant was a tenant of the accused in respect of a tenement regarding which there was constant dispute. Some rent suits were filed against the complainant by the accused petitioner in respect of ejectment for default in payment of rent as far hack as the year 1969 but the actual ejectment was not effected. In February, 1973 a rent application had been filed by the landlord against the tenant that he was subletting the premises to one Badruddin. Meanwhile the landlord entered into an agreement of sale dated 22-8-1973. It appears that the tenant had by that time left having sub-let the premises to Badruddin at least that was the allegation. The landlord had also shifted from the premises. It appears that something happened during that time and possibly some attempt was made to hand-over vacant possession to the purchaser of the premises by the landlord. Then followed the complaint that in the month of July 1973 the tenant had left for his native place in District Campbellpur and he thereafter, received intimation from his friend Badroo by telegram and a letter that the locks of the door of the godown had been broken open and there was no trace of the tobacco stored there and the furniture etc. Matter was reported to Beghdadi Police but no action was taken. The tenant then filed a direct complaint in question that he had credible information that the landlord of the house had broken the locks opened the door and stolen all the tobacco worth Rs. 80,

000. The only two witnesses cited were one Badroo and one Khan Afsar.

3. It has been argued by Dewan Warasat Hussain Mirza that the proceedings of this case should be quashed because hardly any criminal offence has been made out and the proceedings have been pending since 1973. Mr. Warasat Hussain has pointed out that the proceedings are not likely to end in conviction as no prima facie case of theft or house-13reaking has been made out against the accused persons who are the landlords. That the complaint is based not on personal knowledge but merely on the hearsay evidence of Badroo and one other witness. All that has been alleged in the complaint is that the tenant had heard that someone had taken away his tobacco. He has accordingly urged that for these reasons the proceedings should not be allowed to continue. Mr. Nooruddin Sarki appearing for the Advocate-General after giving the history of the cas9 as gathered from the documents has on the other hand shown that almost all the evidence has by now been recorded and the case is at a stage where the Magistrate has to decide whether to frame charge on the evidence recorded or to discharge the accused. I agree with Mr. Sarki that these arguments of Dewan Warasat Hussain could be addressed before the trial Court for coming to a right decision in the case and is not for the High Court to interfere in a pending case of this nature. The trial Court has heard the witnesses and recorded the evidence and would be in a better position to appreciate and assess the evidence and come to a decision on facts. It is not for the High Court to look into the facts and dispose petitions for quashment. The petition is accordingly dismissed. Petition dismissed.