1980 P Cr (PLP)

Date of hearing : 4tb April, 1979. This is an application for quashment of the proceedings under section 561‑A, Cr. P. C. which were instituted on a direct complaint filed by Respondent No. 1 in the Court of Civil Judge and F. C. M., Sanghar under section 420, P. P. C., against the applicant, who are brothers inter se, and respondent No. 2.

2. The background of the cage, which resulted, to the filing of the direct complaint, is that Shabbir and Abdul Latif are residing in the neighbourhood of the applicants. There is an open plot adjacent to the house of the applicants, which Shabbir and others wanted to forcibly occupy. The applicants had resisted their attempts.

3. On the night of 13/14th May, 1978. at about 1‑00 a. m. Shabbir Ahmed accompanied by seven others, namely, Shah Mir, Respondent No. 1, Abdul Sattar, Bashir, Alana, Abdul ‑ Latif, Muhammad and Munir Ahmad, came in a truck and a jeep, armed with hatchets and lathis. Shabbir Ahmad, and Abdul Latif instigated others to demolish the walls of the compound of the open plot and forcibly occupy it. Applicant Mukhtar Ahmad Ansari, rushed to the. Police Station Malir, and brought the police. All the accused, including respondent No. 1 were apprehended at the spot. They were taken to the police station, where the case was registered, on the F. I. R., lodged by applicant Mukhtar Ahmad Ansari, for offences under section 448/147/148/427/ 452, P. P: C.'

4. On 7th June, 1978 Respondent No. 1 filed a direct complaint, in the Court of the Civil Judge and F. C. M. Sanghar, under section 420, P. P. C., against the applicants and respondent No.

2. The Magistrate took the cognizance of the offence and issued

13. Ws, against them.

5. In the complaint, the respondent No. 1, has assigned himself, as well as, the applicants the role of being cattle dealers. The applicant, are alleged to have purchased cattle from Respondent No. 1, about oil L year back, when applicants and respondent No. 2 had gone to the Village "Haji Jo Daro" to purchase the buffaloes from Respondent No.

1. Six buffaloes were sold for Rs. 14,000, out of which Rs. 3,0010 were paid ; whereas the balance was promised to be paid within a. months. Since the balance amount was not paid, the case of cheating, was filed against the applicants and respondent No. 2.

6. The learned counsel appearing for the applicants, Mr. A. G. Siddiqui has pointed out that the applicants are educated persons and reside permanently in Karachi. They have never seen the Village "Haji Jo Daro" in their life. It is submitted that applicant Sartaj is working as Laboratory Attendant with M/s, Pak Chemicals Limited, whereas applicant No. 2 is working as Stenographer in the National Bank of Pakistan at Karachi, while applicant No. 3 is working as Junior Technician in the P. C. S. I. R. Laboratories, Karachi, for the last about 10 years. It is contended that they have never in their life done any business of cattle. The learned counsel has urged that the direct complaint case has been filed, as a counterblast, against the applicant:, $s applicant Mukhtar Ahmad, who is the brother of the remaining two applicants, had lodged the report with the Malir Police as a result of which Respondent No. 1 and his companions were arrested at the spot and are facing trial in the Court of A. C. M. II East, Karachi.

7. I have heard the learned counsel Mr. Saeed Ghori appearing for the State, who has supported the application. Respondent No. 1 Shah Mir, it appears, has intentionally kept himself away, in spite of service. The summons bear his signatures, when yesterday (3rd April, 1979) he had attended the Court of A. C. M. III East, Karachi,

8. I have perused the complaint, the counter F. I. R. lodged by Mukhtar Ahmad and the application filed for quashment in this Court. It is clear from the narration of the facts given in the complaint that the allegations on the face of them, appear to be false, inasmuch as, the incident of purchase of the buffaloes had taken place, about one year before the filing of the complaint. No grievance was made during this period to any one for non‑payment. No receipt or any other document was executed between the parties, as is usual in such cases. The complaint is filed at a far‑off place at Sanghar, which for a person from Karachi is very difficult to go and attend on each hearing. The applicants are admittedly residing at Karachi and are serving at places stated by them. It is evident from the background of the case that the complaint is filed in order to harass the applicants and compel them not to press the case at Karachi against the Respondent No. I and the; other co‑accused. The manner in which the facts are narrated in the complaint, it appears to be stereotyped, as are invariably made in cases of cheating, misappropriation and theft. There is no documentary evidence available with the complainant /Respondent No. 1, bearing signature of any of the applicants. It is rather unbelievable that in view. of hostility between the parties due to the police case, against the Respondent No. 1 and his companions, the applicants would have any dealing with him for the purchase of cattle. No other inference is possible than the cane, that the case is filed to pressurise and harars the applicants. The story, as is made up in the complaint is incredible, and the charge, as alleged against the applicants and Respondent No. 2 is not likely to succeed and the case is certain to end in acquittal.

9. I am, therefore, satisfied that the proceedings in the Case No. 181/78 Shah Mir v. Sartaj, Mukhtar Ahmad, Pervez and Qaiser under section 420, P. P. C. pending in the Court of Civil Judge and F. C. M., Sanghar are an abuse of the process of the Court and are accordingly quashed. Proceedings quashed.