1988 P Cr (PLP)

"Mr. Gul Zaman does not press this application but requests that pending proceedings to be continued. To this request learned A . A . G and Advocate for respondent have no objection. The proceedings under section 145 Cr.P.C. are pending before District Magistrate (West), Karachi. He is directed to decide the case within two months, and provide opportunity to parties to adduce their evidence. With these observations the application is disposed off. Notice issued to Mr. Muhammad Ejaz Choudhry is discharged. That later on the present applicant Mohammad Yousaf received summons fro the learned District Magistrate (West) to appear before present quashment application has, therefore, been filed for the quashment of the proceedings if any pending before the learned District Magistrate Karachi (West). I have heard the learned counsel appearing for the parties and have gone through the documents. It was contended by Mrs. Salima Nasiruddin learned counsel appearing for the applicant that the proceedings under section 145, Cr.P.C. were dropped by the learned District Magistrate vide his order dated 7th November, 1985 (which has been produced as Annexure 'Al4') and. the order dated 17-11-1986 passed by this Court in Criminal Revision Application No. 130 of 1985 was passed due to misrepresentation of facts by Mr. Gul Zaman Khan Advocate inasmuch as no proceedings were pending under section 145 Cr.P.C. against the applicant Mohammad yousuf before the District Magistrate, Karachi (West) and therefore -there was no question of continuing with the said proceedings. Mr. Gul Zaman Khan learned counsel appearing for respondent Mohammad AU was not in a position to controvert this factual position. Mr. Abdul Wali Makhdoom learned counsel appearing for the State has contended that the order dated 17-11-1986 was obtained by misrepresentation. In fact the proceedings were already dropped by the learned District Magistrate and there was no question of continuing with the said proceedings. He has supported the quashment application. I have considered the contentions. The order dated 7th November, 1985, passed by the learned District Magistrate Karachi (West) clearly shows 'that since the matter is still sub-judiced before the competent Civil Court and there is no imminent apprehension of breach of peace in the locality as the parties are living at far off places from each other and thus I do not find jurisdiction to continue the proceedings which are accordingly stopped and proceedings under section 145, Cr.P.C. stand disposed of. In view of the above clear order, the contention of Mrs. Salima Nasiruddin is correct that there were no proceedings pending before the District Magistrate on 17-11-1986 and the order passed by this Court was obtained by misrepresentation of facts. In view of the above position I allow this application and quash proceedings including notices issued to the applicant Mohammad Yousaf by the learned District Magistrate Karachi (West) under section 145 Cr.P.C. However, I hereby warn Mr. Gul Zaman Khan, Advocate for the respondent Mohammad Ali to be careful in future, otherwise the matter will be referred against him to the Provincial Bar Council for taking appropriate action for misconduct against him. I had decided the above matter by a short order dated 27-9-1987 and these are the reasons for the same. S.A./M-408/K Proceedings quashed.