1987 PLP 601 (SCMR)

ABDUL KADIR SHAIKH, J.‑‑ This is a petition for leave to appeal from the order dated 14‑4‑1986 passed by a learned Judge of Sind High Court by which while refusing petitioner's request for quashment of proceedings against them under section 406, P.P.C. learned Judge directed stay of the criminal case against them pending decision of a civil suit filed against them by respondent No.

2. The criminal proceedings against the petitioners were also the result of a complaint filed by respondent No. 2 under section 406, P.P.C. in the Court of First Class Magistrate, Badin who after holding preliminary enquiry issued bailable warrants against the petitioners. Petitioners challenged these proceedings in an application under section 561‑A of the Code of Criminal Procedure in a previous case, being Criminal Miscellaneous Application No. 947 of 1980 in the same High Court, but later on they withdrew the application and it was accordingly dismissed as withdrawn. Petitioners then moved the Trial Court in an application under section 249‑A of the Code but the application was also dismissed. They thereafter filed the Second Criminal Miscellaneous Application No. 541 of 1982 in the High Court and it was on this application that the impugned order dated 14‑4‑1984 was passed by the learned Judge in the High Court. It appears from the impugned order that the only plea raised by the learned counsel appearing for the petitioners in the High Court was a request for the stay of the criminal proceedings. In this connection the relevant portion of the impugned order passed by the learned Judge may be reproduced hereunder. It reads as follows: "Mr. Usman Ghani Rashid for the appellants contended that before this Direct complaint, a civil suit was filed which is pending therefore, in view of cases report in 1969 S C M R 411, 1971 PCr.LJ 331 1982 S C M R 85 and 1974 P Cr. L J 541 the proceedings instituted before criminal case could be stopped. Mr. Ellahi Bux Shaikh appearing for the respondent No. 2 who is complainant submitted that civil suit has been decided and appeal is pending. He has no objection if proceedings of this case are stayed. In view of the legal position and contentions of the learned counsel it is directed that criminal proceedings in this case are stayed, but trial Court can proceed with the case as soon as civil proceedings for the same cause of action which are pending are terminated." Mr. Abdul Hafeez Memon learned counsel for the petitioner submits that the learned Judge in the High Court has not appreciated that petitioner's case before the High Court was for quashment of the criminal proceedings and not for the stay of these proceedings. This plea is hardly available to the petitioner, for, according to the judgment of the High Court the only plea raised by the learned counsel appearing for the petitioner before him was the request for the stay of the proceedings which was granted. This petition, therefore, has no merit and is dismissed. M.I. /M‑8/S Petition dismissed.