1985 P Cr (PLP)

(a) Criminal Procedure Code (V of 1898)‑

S.561‑A‑‑Penal Code (XLV of 1860), S.376‑‑Quashing of proceed ings‑‑Bail granted to accused in 1969 on ground that medical evidence did not support version of prosecutrix‑‑Quashment petition thereafter was moved by accused on same grounds which was admitted‑‑Held, there was no need to admit quashment petition, as it was a challan case and even though bail was allowed still accused should have stood trial‑‑Magistrate could have acquitted accused, if he had arrived at conclusion after recording evidence that medical evidence did not support prosecution version. (b) Criminal Procedure Code (V of 1898)‑‑

S.561‑A‑‑Penal Code (XLV of 1860), S.376‑‑Quashing of proceed ings‑‑Delay in trial‑‑Quashment petition of 13 years old matter‑‑No useful purpose, held, would be served to proceed against accused at such belated stage‑‑Proceedings quashed. Shahid Hussain Qadri for Petitioner. Akhtar Shabbir, Addl. A.‑G. for the State. This is a petition under section 561‑A, Cr. P. C. for quashment of proceedings against the petitioner under section 376, P.P.C. pending in the Court of ‑Magistrate Section 30, Lyallpur (Faisalabad). The case was registered against the petitioner and another under section 376, P.P.C. at the instance of Mst. Khalida Bibi in 1968 who alleged that she had been raped by the petitioner in a sugar‑cane field. The petitioner was allowed bail by Mr. Justice Mushtaq Hussain on 10‑12‑1969 for the reason that the medical evidence did not support the version of the prosecutrix and in that order it was also observed that the learned Judge would like to be informed of the result of the investigation of this case if at all it is put up to the Court. It is probably on the basis of this bail matter that the present petition was moved for quashment. Normally, there was no need to admit this petition because it was a challan case and even if bail was allowed because the medical evidence prima facie did not support the version of the prosecutrix, still the petitioner should have stood the trial, for, on that basis if A the Magistrate had eventually arrived at the conclusion after recording the evidence that the medical evidence did not support the prosecution version he could have acquitted the accused. Be that as it may, it is an old matter of 1972 and no useful purpose will be served to proceed against the present petitioner at this belated stage. I am, therefore left with no other alternative except to quash the present proceedings against the petitioner pending in the Court of the Magistrate Section 30, Lyallpur (Faisalabad). This petition is disposed of. M. A. K. Petition disposed of.