1999 PLP 2518 (YLR)

The petitioners, namely, Muhammad Saeed, Iqbalur Rehman and Saeedur Rehman have moved the present petition under section 561-A, Cr.P.C., for the quashment of complaint brought by respondent Haji Pirdad Khan pending before the Court of Tehsil Qazi Pattan, Kohistan District for offences under section 419/420/427/468/471, P.P.C. '

2. According to the averments of the complaint, Haji Pirdad Khan respondent alleged that he had purchased Car No.9/KHA through, Itifaq Bargain, Mangora, Swat in the year 1994 and that this bargain was being run by the petitioners. The aforesaid car was seized by the C.I.A. Police as having been stolen property. The respondent demanded the return of sale price from the petitioners but they were reluctant to do so. Upon receiving- the aforesaid complainant the learned Tehsil Qazi entertained the same and issued warrants of arrest against the petitioners which are Annexure 'B' on the file. As a consequence of the aforesaid proceedings the local police arrested petitioner No.3 who was later on released on bail by the District Magistrate, Swat vide his order, dated 24-7-1997 Annexure 'C' on the file.

3. I have heard the learned counsel for the parties and the learned Assistant Advocate-General arid have examined the record.

4. In the instant case, the car in question was allegedly purchased by the respondent from one Mubarak son of Fida Hussain through Itifaq Motors Bargain, Swat on 7-6-1994. The involvement of the present petitioners do not figure anywhere in the sale receipt which is available on the file, as it is only on the pad of the Itifaq Motors Bargain Swat. A perusal of the record would show that the learned Tehsil Qazi having received the complaint did not comply with the provisions of section 200, Cr.P.C., as the complainant was not examined on oath nor the substance of the same reduced into writing and signed by the complainant and the Magistrate.

5. Besides, the sale transaction had taken, place at Swat District between the parties and the cognizance in the present complaint has been taken by Tehsil Qazi Pattan in excess of territorial jurisdiction by issuing warrants of arrest against the petitioners. In the instant case, there appears to be a civil dispute between the parties and the respondent instead of moving the proper forum, has brought the present complaint against the petitioners within the territorial jurisdiction of a different District, to his own advantage.

6. The transaction between the parties, admittedly seems to be a civil nature and the allegation against the petitioners even, if accepted, on its face value would not constitute an offence. I am, therefore, of the considered view that the learned Tehsil Qazi has proceeded with the complaint contrary to the procedural and legal formalities. It certainly appears to be a case of abuse of the process of the Court. Reliance placed on 1992 MLD page 595.

7. For the foregoing reasons, I accept the application and quash the proceedings pending before him. N.H.Q./313/P Proceedings quashed.