1975 P Cr (PLP)
ABDULLAH‑Petitioner Versus KHAN MUHAMMAD AND ANOTHERS — Respondents
| Citation | 1975 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Aslam Riaz Hussain, J |
| Parties | ABDULLAH‑Petitioner Versus KHAN MUHAMMAD AND ANOTHERS — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1975 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1975 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Aslam Riaz Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1975 P Cr (PLP) (ABDULLAH‑Petitioner Versus KHAN MUHAMMAD AND ANOTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Bajwa for Petitioner.
- Abdul Aziz Qureshi for Respondents.
Headnotes / Summary
‑‑‑‑ Ss. 561‑A & 173(3)‑Magistrate cancelling case on police recommendation‑Filing of fresh private complaint for same offence, held, not barred. Amir All v. State P L D 1968 Lah. 537 rel.
Judgment & Decree
Criminal Procedure Code (V of 1898)‑
‑‑‑‑ Ss. 561‑A & 173(3)‑Magistrate cancelling case on police recommendation‑Filing of fresh private complaint for same offence, held, not barred. Amir All v. State P L D 1968 Lah. 537 rel. M. A. Bajwa for Petitioner. Abdul Aziz Qureshi for Respondents. This is an application under section 561‑A, Cr. P. C. by Abdullah son of Jhanda Khan for the quashment of a private complaint under sec tion 392/34, P. P. C. filed against him by Khan Muhammad respondent No. 1 in relation to the robbing of a tractor and trolly, which is pending in the Court of Assistant Commissioner Okara, District Sahiwal.
2. The facts are that Abdullah petitioner is accused along with his sons Ashraf, Aslam and Wali for robbing Muhammad Ramzan, the driver and Yaqeenuddin, the cleaner, of tractor No. MY‑3619 on 16‑1‑1972. The tractor belonged to Khan Muhammad respondent No. 1 who lodged an F.
1. R. The police reported the accused to be innocent and applied for cancellation of the case. The Assistant Commissioner, Okara who was seized of the case, thereupon cancelled the case by his order dated 6‑4‑1972. Thereafter Khan Muhammad respondent No. 1 filed a private complaint under section 392/34, P. P. C. which is pending in the Court of the Assistant Commissioner, Okara. Abdullah petitioner has prayed for the quashment of those proceedings on the ground that since he had been found innocent by the police after the investigation and the case had been cancelled by the Court under section 173(3), Cr. P. C. that the private complaint about the same facts is not competent and secondly that Muhammad Ramzan driver had filed an affidavit from which it is evident that the offence under sec tion 392, P. P. C. was not made out. The affidavit of Muhammad Ramzan, mentioned in ground No. (v) of the grounds has not been placed on the record and nothing can therefore, be said about it. As to the legal question raised by the petitioner's counsel, it has been held in Amir Ali v. State (P L D 1968 Lah. 537) that notwithstanding the cancellation of case by the trial Magistrate under section 173 (3), Cr. P. C. on the recommendation of the police, it is open to the complainant to lodge a private complaint. As such there is no force in this petition. The same is therefore, dismissed. Petition dismissed.